Research On The Inculpation Of Network Neutral Helping Behavior

The development of network technology has brought great convenience to people's life,but at the same time network crime has followed.With the continuous development of network technology,cyber crime is also becoming more and more serious.China is also stepping up efforts to crack down on network crime.But then,the network neutral helping behavior is facing an embarrassing situation.Whether neutral helping behavior is punishable,the controversy in the academic world has not stopped.It is a difficult problem in practice,and it is even more difficult to project neutral help behavior into cyberspace.Whether to severely crack down on net neutrality help-behavior or to relax restrictions,severely crack down makes the development of network technology slow down and relaxed restrictions can go against the stabilization of network order.How to make choices between network technology development and the security of network envirorunent,and how to balance the protection of legal interest and freedom interEst.All these are enough to show that the inculpation of neutral helping behavior in criminal law is worth studying.So the paper directs at the punishment of network neutral helping behavior.In addition to the introduction and conclusion,the article is divided into the following sections:The first part is an overview of network neutral helping behavior.The net neutrality helping behavior is based on neutral helping behavior,so we need to know the neutral helping behavior before the net neutrality help behavior.The part introduces the concept and characteristics of neutral helping behavior,and then extends the concept of network neutral helping behavior.The paper studies the inculpation of neutral helping behavior,so the meaning of punishable also needs to be explained.The theory of network neutrality of help behavior is based on the theory of neutral help behavior,or it can be explained that the doctrine of neutrality to help behavioral punitiveness is applicable in cyberspace,so it is necessary to analyze the punitive doctrine of neutral help behavior at first.Then,combined with the particularity of cyberspace,analyze the doctrine of network neutrality behavior.The network neutral help behavior is derived from neutal helping behavior but different from it,so the part emphasizes the difference between the neutral helping behavior and network neutral helping behavior.The second part is the introduction of domestic and foreign legislation status quo and relevant judicial cases of network neutral helping behavior.Chinese research on network neutrality help-behavior started late,but Germany and Japan have earlier researched the network neutral help behavior,and the system is relatively mature.Law has lag,generally only after the behavior appears,people will gradually find out the existing problems,and then through the adoption of legislation or other means to solve.Therefore,in this part,the author selects relatively early or classic judicial cases to analyze the problems that need to be solved in the network neutral helping behavior and the shortcomings of the current stage of legislation.This combination of theory and practice can explain the problem more comprehensively.The third part is the basis analysis of network neutrality to help behavior penalties.The paper studies the penalty of net neutrality helping behavior,so it is necessary to find out the basis of why net neutrality helping behavior can be punished.This part analyzes the punishable behavior of net neutrality from both theoretical and practical aspects.Generally,there are two views on the punitive nature of net neutrality helping behavior:one is to criminalize and punish net neutrality helping behavior according to the nature of accomplices;the other is to criminalize net neutrality helping behavior alone.In addition,the positive general prevention theory and Chinese criminal policy of combining leniency with severity also provide theoretical basis for the punitiveness of net neutrality helping behavior.Moreover,the current chaos and disorder of network environment and the need for the safe development of the network environment all indicate that the network neutral help behavior needs to be regulated by the criminal law.The fourth part is the standard definition and punishment limitation of the helping behavior of net neutrality.This paper has explained network neutrality helping behavior is punishable in many aspects.Then it is necessary to analyze how to define the punislunent standard.The part defines the punitive standards of network neutral help behavior with objective and subjective aspects,and elaborates on the basis of objective imputation theory.Due to the variety of network neutrality behaviors and the harmfulness of the network,the part classifies the network neutral help behavior,and analyzes it objectively and subjectively.Network technology development needs a relatively relaxed environment,even if the criminal punishment is imposed on network neutrality,it cannot be too strict and requires certain restrictions to achieve the balance between technology development and the network environment security.From the perspectives of modest criminality and technical neutrality,this paper proposes to limit the punitive nature of network neutrality.