Research On The Criminal Responsibility Of Internet Service Providers

With the rapid development of science and technology and the continuous expansion of the Internet,human beings have gradually entered the information age,which promotes the transformation of our life platform from the reality to the virtual space of the network.Criminals are more and more inclined to use the virtual nature of the network to carry out illegal criminal activities.As operators of network services,network service providers are important co-management subjects in the network space.When criminals continuously use network technology as a tool for their criminal activities,it is more necessary to require network service providers to assume the responsibility of maintaining the security of the network space.Based on the reality of network crime,considering the status,role and technical ability of Internet service providers in the network space,it is necessary to take some criminal responsibility for Internet service providers."Criminal law amendment(9)" article 28,29,added to information security management duty crimes and crimes help information network crime,the regulation on the network service provider accomplice liability on the basis of criminal responsibility model,added to perform legal obligations and helping behavior crime liability two patterns.This provision provides a legal basis for regulating Internet service providers,but it is still faced with huge disputes and value conflicts in theory.When determining the criminal responsibility of Internet service providers,further research is needed.This paper discusses the criminal liability regulation of Internet service providers from four parts.The first part discusses the basic theory of Internet service providers,and defines the connotation of Internet service providers from China's legal and academic circles,and then further studies the classification of Internet service providers in China's criminal law.The second part studies the necessity and feasibility of criminal liability imputation of Internet service providers.The third part divides the criminal responsibility mode of Internet service providers into three modes for research,including accomplice responsibility,helping behavior principal responsibility and refusing to fulfill legal obligation responsibility,and carries out research on its typified criminal responsibility.The fourth part specifically defines the criminal responsibility of Internet service providers.In the identification of the crime of helping information network crime,it mainly focuses on four aspects: the theory of criminalization of helping behavior,the identification of neutral helping behavior,the nature and imputation basis of helping network crime,and the identification of subjective "knowing clearly".In determining the crime of refusing to fulfill the obligation of information security management,this paper mainly discusses the possibility of Internet service providers as the source of obligation,as a technology and the possibility of avoiding harmful results.Through the above research,we can better solve the problem of identification of criminal responsibility of Internet service providers,better regulate them,and better maintain the network security order.