On The Limitation Of The Penalty Of Internet Neutral Help Behavior

Internet neutral help behavior refers to Internet service providers based on business purposes,knowing that others use their own services or technologies that comply with industry norms to commit cyber crimes,objectively still facilitate the criminal activities of others or promote the criminal behavior of others,and ultimately The act that led to the outcome of the crime.The characteristics of its neutrality in business operations,criminality of the service object,legal aid infringement,independence of help behavior,and subjective knowledge,determine its punishability,and also strictly limit the scope of its punishment.Around this issue,this article is divided into four parts:The first part describes the current situation of penalties for Internet neutrality help behavior.In legislation,the United States presents a "stocking policy" for Internet service providers,and Germany's attitude towards Internet service providers is also relatively modest.However,China's criminalization trend is obvious,and there are two ways of expression:helping the offender to be criminalized and expanding the explanation to expand the scope of punishment.Judicially,the penalties of the United States and Germany for Internet neutral help behavior have also shifted from criminalization to restricted and punishable.In contrast,China has continued to expand the scope of punishment for Internet neutral help behavior through the establishment of accomplices in related crimes,expansion of convictions through interpretation,and independent convictions with new convictions.The second part:Demonstrate that the punishment for Internet neutral help behavior should be reduced.First of all,the consideration from social policy is determined by its independent social value,the modest nature of criminal law and the development requirements of network information technology.Secondly,analyzing the theory of Internet neutral help behavior's restriction and punishment,it is found that simply researching from subjective or objective requirements cannot fully grasp the Internet neutral help behavior.In order to reasonably limit the scope of punishment for Internet neutral help behavior,it is necessary to consider both subjective and objective elements and conduct a comprehensive inspection.Part ?:Discuss the specific identification path of network neutral help behavior:First,from the macro level,put forward a judgment method with intention as the premise and behavior as the center of danger.It is considered that only acts that have a determined or general intention,and that act as a center of danger or increase the risk of infringement of legal benefits,are penalized Internet neutral help behaviors.Secondly,at the micro level,we can standardize the interpretation of the law.and propose that only Internet access service providers and Internet platform service providers with legal operations as their initial purpose can become eligible subjects for Internet neutral help behavior;type of behavior It includes acts or omissions;"serious plot" is not an element that is automatically established when other constituent elements are satisfied,and it must respect its important role in limiting the scope of Internet neutral help behavior punishment;subjective understanding is limited to "knowingly" and limited to the will For laissez-faire;and the proper application of the key elements of Article 287,paragraph 3,of the Criminal Law.