The Determination Of Criminal Liability Of Internet Service Providers And The Improvement Of Legislation

In our life,the Internet brings us undeniable convenience in life,but the existence of the Internet also increases the space for criminals to commit crimes,leading to more and more crimes on the Internet,and tends to a high frequency.At this point,the broker has been in the network service providers is becoming more and more attention,the role of the role of Internet service provider has gradually changed the past as a "pure channel" or the role of technical support,in other words,it has not only have a passive,instrumental,and the characteristics of neutrality,but committing crimes have fully ability and has also actively involved in the control of the flow of information within the network activities,so that the network service provider of services and technology have become illegal and criminal activities directly or indirectly with the help of the tool.a series of relevant laws and regulations have been introduced one after another.the legal regulation on the behavior of Internet service providers has gradually developed from civil and administrative responsibilities to criminal sanctions.It is self-evident that Internet service providers should assume criminal responsibility for their actions or omissions on the Internet.This paper first focuses on the question of what isPS are,and then elaborates on the research on the typed-type criminal responsibility of ISPs,the judicial determination of criminal responsibility,and the relevant practical problems of legislative perfection.Then thinking to analyze according to the different characteristics of the service content of the network service provider.Through the first part of this article,the author introduces network service provider,behavior characteristics and the rights and obligations;Then paper analyzes the criminal of the internet provider;Then in the third part,it is natural to focus on the above key points and difficulties,leading to the introduction of China's relevant response to the issue of laws and regulations;Finally,Finally,the fourth part of this article discusses the issue of network service providers regarding the improvement of criminal laws and regulations.To sum up,up to now,according to the existing legal provisions,there is still a certain degree of difficulty in the attribution of criminal responsibility for Internet service providers.It can be seen from the introduction of Criminal Law Amendment(IX)in 2015 and previous legal provisions that,criminal liability model of refusing to fulfill safety supervision obligations have been added,Supreme People's Courtand the Supreme People's Procuratorate work the illegal use of information network,to solve information network crime.It is the network service provider's criminal responsibility imputation of the plight of further response,apparently for Internet service provider showed a trend of increasingly perfect the criminal law,the nature is the inevitable demand of the current situation of today's response to cyber crime.At the same time,it is not difficult to see that in the Amendment to Criminal Law(?).so it need to clarify the scope of safety supervision obligations of Internet service providers through "blank Criminal Law" to some extent.There are some contradictory contents in the amendment.