A Study On The Behavior Of Omission Auxiliary Of Network Group Owner

As a normal way of network communication,it is necessary to put the Internet group space in the important position of the network space governance system.In recent years,the group space has become a new pattern of network crime,at this time,as the administrator of the group space,namely the network group manager,it is supposed to prevent the generation of the harmful result of crime through positive actions,otherwise will be regarded as assistor by omission.Although relevant judicial interpretations have been issued to investigate the criminal responsibility of network group owner's nonfeasance auxiliary behavior,only some of them have been involved and a unified conviction system has not been formed,so that in judicial practice,the reasoning and determination of the criminal nature of the network group manager that has implemented nonfessance auxiliary behavior are not sufficient.Therefore,it is necessary to explore the path to correctly identify network group owner's omission as auxiliary behavior through criminal law theory.From the perspective of the theory of accomplice and omission,this paper focuses on the establishment of network group manager as the source of obligation and unilateral accessory,and probes into the nature of network group owner omission,In order to make clear that the network group owner conforms to the objective requirements of establishing the crime of omission as a assistor,it carries out affirmative duties and as a possibility of fulfillment;and to meet the subjective requirements for the existence of unilateral assistance deliberation.And then for the judicial practice to provide reasoning ideas.