A Study On The Network Neutral Helping Behavior Criminal Law Planning

Network neutrality helping behavior is a special product of neutrality helping behavior in network environment.With the promulgation of The Amendment to The Criminal Law(ix),the act of network neutrality helping behavior has aroused a wide and heated discussion among scholars.The provisions of article 28 and 29 have serve as a warning for the relevant cyber crimes to a certain extent,but there are still many problems in the application of the criminal law.The premise for studying these problems is summarize network neutrality helping behavior fully.This paper studied the criminal law regulation of network neutrality helping behavior.The mainly summarized the network neutrality helping behavior.With the help of the network neutrality helping behavior theory to defining the subject,the concept of network neutrality helping behavior was defined.In addition,the reasons for the criminalization of network neutrality helping behavior were analyzed from the modesty principle theoretical and the traditiolegislative aspects of the criminal law,and then the criminalization of network neutrality helping behavior was confirmed.Since the network neutrality helping behavior was put forward,it has aroused a heated discussion in the academic circle,among which there were three obvious problems:first of all,the scholars have raised the question whether the act of the network neutrality helping behavior should be treated as a principal offender;Secondly,at the present stage,the scope of network neutrality helping behavior is not clear.The objective aspect is mainly reflected in the unclear behavior subject and fuzzy definition of causality,and in the subjective aspect,it is difficult to give a clear standard of“knowing clearly”and“knowing”;Thirdly,it is still difficult to apply the existing legal provisions.Although the crime of helping information network crime has included preparative behavior into the scope of punishment,the provisions on its punishment are still not comprehensive.In addition,the scope of punishment for network service providers is also moving towards positive criminalization,which has virtually aggravated the obligations of network service providers.In the face of the path network neutrality helping behavior to choose criminal imputation in view of three paths(accomplice,principal offense and platform responsibility)under the condition of network neutrality helping behavior?Later,the standards of comprehensive investigation were put forward to conduct the imputation.In addition,it was suggested to introduce the objective imputation theory into the scope of the criminalization of network neutrality helping behavior,and through the behavior regulation and results regulation,it was more reasonable to limit the scope of the criminalization and analyze the application of the theory in combination with judicial practice cases.Finally,this thesis put forward the definition of enhancing legal interpretation,strengthened the insufficiency of the preparatory behavior of helping information network criminal activities,and then proposed the penalty system of enhancing property penalty,that is,“professional legitimacy”,to restrain the problem of wide range of network service providers.