Reserach On Criminal Law Regulation Of Harmful Behavior Of Social Networks

With the rapid development of science and technology and information,social network,as one of the most important areas of Internet development,has become an indispensable part of people's lives.People can live and communicate more conveniently through social network platforms such as QQ,Weibo and Weixin.As an important carrier of modern communication activities,social networks bring great convenience to people,but at the same time,they also have the danger of breeding crime.Cases of social networks as the object of crime or carrier of crime appear frequently,which urgently need the reasonable regulation of criminal law.Based on the relationship between harmful behavior and social network platform,harmful behavior of social network can be divided into three types: intrusive,utilizable and service-providing.From the point of view of constitutive elements,the charges of traditional computer crimes in the current criminal law can be partly or indirectly applied to intrusive social network harmful acts or their related acts,but they are neither direct nor targeted,which is not conducive to highlighting Legalism and modesty of criminal law,nor to implementing the principle of compatibility between crime and punishment.The harmful acts of social network should be regarded as an independent harmful act.Types,essentially understand the meaning of social network implementation behavior,and distinguish social network harmful behavior from social network help behavior.The current criminal law on the use of social networks to implement gambling,money laundering,fraud,dissemination of obscene information,infringement of intellectual property rights and other harmful acts applicable to the standard of principal offenders and assistants is not clear.The traditional charges to regulate such harmful acts of social networks need to be discussed,and the criminal law needs to be improved to clarify the standard of principal offenders and assistants.The nature of harmful behavior of social network is a kind of helping behavior.The current criminal law cognizes and regulates the behavior of social network service providers by adding two charges,namely,the crime of refusing to perform the obligation of information network security management and the crime of helping information network criminal activities.The limitations of criminal law regulation on harmful acts of service-providing social networks are mainly embodied in the identification of their behavior patterns and neutral help,which should be perfected by clarifying the morphological characteristics of help acts and identifying the subjective intentions of the helpers.