Criminal Responsibility Of Internet Service Provider

In recent years,the number of cybercrime cases are exploding,and the frequency of Internet service providers participating in cybercrimes is increasing.Amendment(IX)to the Criminal Law of the People's Republic of China has increased the crime of refusing to fulfill the obligation of information network security management and the crime of helping cybercrimes activities,which provides the legal basis for investigating the criminal responsibility of Internet service providers.There are many disputes about these two crimes in the theoretic field.Therefore,there are many obstacles in the application of these two crimes to investigate the criminal liability of Internet service providers.This thesis holds that the criminal responsibility of Internet service providers should be returned to the category of individual criminal responsibility and joint criminal responsibility.This thesis focuses on the mode of individual criminal responsibility for negative act and the responsibility model of helping act as principal offender in criminal responsibility model of Internet service providers.This thesis combines the classification of Internet service with the criminal responsibility model of Internet service providers,and tries to draw the criminal responsibility boundaries of Internet service providers.In addition to the introduction in the first chapter,the text of this thesis is divided into four chapters.The second chapter is to clarify the concept of Internet service provider,the classification of Internet service behavior,and the legislative evolution of criminal responsibility of Internet service providers.The third chapter describes the current state of the model of criminal responsibility of Internet service providers.In this chapter,we first review the various perspectives on the criminal liability model of Internet service providers.And divide the criminal responsibility model into two parts: the individual criminal responsibility model and the joint criminal responsibility model.Among them,the individual criminal responsibility model includes the mode of individual criminal responsibility for the perpetrating act and the mode of individual criminal responsibility for negative act(i.e.the criminal responsibility model of refusing to fulfill the obligation of information network security management);the joint criminal responsibility model includes the traditional responsibility model of joint crime and the responsibility model of helping act as principal offender(i.e.the criminal responsibility model of helping cybercrimes activities).Then this chapter focuses on the domestic and foreign legislation,domestic judicial application of the criminal responsibility model of refusing to fulfill the obligation of information network security management and helping cybercrimes activities.The forth chapter focuses on finding out the problems and reasons of the responsibility model of helping cybercrimes activities and refusing to fulfill the obligation of information network security management.In the fifth chapter,the thesis draw the criminal responsibility boundaries of Internet service providers according to the criminal responsibility model and the type of Internet service behavior.