Research On The Criminal Regulation System Of Network Service Providers Neutral Helping Behavior

With the development of similar software such as P2 P,the role and role of network service providers have also undergone important changes.Information links and transmissions do not need to go through the central processor,but can directly achieve "one-to-many" or even "many-to-many" transmission.In this process,the responsibilities and obligations of network service providers have also changed,and new legislation is urgently needed to regulate them.But crime in cyberspace has a richer form of expression and a more unique nature,changing the inherent form of crime and our traditional cognitive mode of crime.The trend of network alienation of joint crimes poses a serious challenge to the traditional criminal law theory and rules,and it is difficult to apply the traditional criminal law model to regulate it.The new crimes stipulated in the Criminal Law Amendment Nine are also frequently frustrated in the specific application,which makes the penal regulation of network service providers in trouble.In this context,this paper analyzes the reasons why there is dilemma in regulating network service provider's neutral help behavior and provides distinction standards for the specific application of different regulatory models.What's more,this paper provides some suggestions for the offences stipulated in the Criminal Law Amendment Nine to explore a more reasonable and effective regulatory path for network service providers to promote the healthy and orderly development of cyberspace.This article is divided into three main parts:The first part is about the dilemma in regulating network service provider's neutral help behavior.This dilemma is mainly reflected in two aspects.First,the nature of the network service provider's neutral help behavior is controversial.If the nature of the behavior cannot be determined,it is impossible to find a suitable regulatory path for it.Secondly,each of the three existing regulatory models has its own flaws.In the specific application,there is a coincidence,it is difficult to distinguish and apply,and how to choose and apply becomes a problem.The second part analyzes the reasons why there is dilemma in regulating network service provider's neutral help behavior.First of all,with the rapid development of network technology,the traditional accomplice model can not adapt to the new characteristics of cybercrime.Secondly,the two offences stipulated in the Criminal Law Amendment Nine also have their own defects,which cannot provide a feasible regulatory path for network service providers.The third part provides some suggestions for the criminal regulation of the network service provider's neutral help behavior.First,this paper provides standards in distinguish different modes to avoid the confusion of the specific application.Secondly,it provides some suggestions for the new crimes stipulated in the Criminal Law Amendment Nine,in order to explore a more effective regulation path for network service providers under the existing legislative model keeping balance between the protection of legal interests and the development of networks.