Study On Independent Penalty Of Network Neutral Help Behavior

In recent years,the Internet has gradually integrated into all aspects of social life,and the concept of Internet service provider has been gradually put forward by everyone.As a new legal subject,Internet service provider enjoys rights and freedoms at the same time.Also must undertake the corresponding legal obligation within the scope of our country law stipulation.When people enjoy the convenience of technology,new problems also appear.As a typical case of the crime of using network information technology,the "Fast broadcast case" has aroused the discussion of the behavior of network-neutral technology among the whole people.It is true that the development of the network has greatly changed people's way of life,and the interaction between people is no longer confined to the real space,but also to the reality.Many exchanges have been transferred to the virtual space of the network.At the same time,the scope of criminal activities has also been expanded accordingly.The use of network technology to carry out cybercrime has led to an increase in the rate of cybercrime and the scope of the victims.Cyberspace is not a disjointed environment,it is complementary to real space,so the behavior of network service providers is of practical significance.In order to adapt to the continuous development of the social network information technology,the network neutral help behavior will be punished independently,on the premise that there are obstacles in the identification of accomplice,such acts can also be punished in order to reduce the difficulty of conviction and sentencing in judicial practice,which is beneficial.In the severe crackdown on network technology crime activities,purification of the network environment,to achieve healthy development of the network.Accurately locating the criminal responsibility of network service providers in legislation can not only effectively crack down on the high incidence of cyber crime,but also play a preventive role at the same time.Web service providers based on their own responsibilities will also increase the inspection of cyberspace.All walks of life generally affirm the punitive nature of network neutral help behavior,but due to theexistence of differences in theory,the independent penalization of behavior is still questioned.Many scholars believe that excessive punishment can easily result in the compression of the fundamental rights and freedoms of citizens and lead to state punishment.The expansion of penalty power,so the punishment of network neutral help behavior can not be generalized.On the basis of affirming the criminalization of behavior,we should limit the standard and scope of punishment in order to ensure the space to commit a crime.At the same time,it is convenient for judicial personnel to identify the criminal responsibility of the perpetrator efficiently.