Research On Criminal Imputation Boundary Of Network Technology Service Providers' Omission

With the continuous development and innovation of technology,human beings have entered the era of informationization.Massive network information is flooding into our daily lives.The two-tiered social structure of the network society and the real society is gradually forming.The more new cybercrime is in front of the world.At the same time of cracking down on cybercrime,an emerging legal subject is getting more and more attention,that is,network technology service providers,they need to bear corresponding legal responsibilities for their own network technology,but with the help of traditional criminal law theory The criminal liability of the subject is inevitably somewhat unsuitable,and it is necessary to improve relevant theories in order to solve the problem better.In addition to the introduction and conclusion,this article is divided into three parts:The first part mainly defines the main network technical service providers in this paper,and draws on the provisions of the extraterritorial and Chinese laws and regulations,the theory of criminal law in China,and finally defines the network technology service providers as four types: network connection Incoming or automatic transmission technology service provider,network caching technology service provider,network information storage technology service provider,and network link or search engine technology service provider.The second part mainly discusses the conditions for the establishment of network technology service providers not as crimes.Firstly,based on the type of subject in the first part,combined with the specific cases,the types of network technology service providers are typed and recognized.Secondly,from the technical possibilities of the network technology service providers and the possibility of avoiding the harm,the substantive judgment of the non-establishment requirements is made.The third part mainly summarizes the two models of the current theory and practice that do not act as crimes for network technology service providers.They are the model of the offenders and the model of the accomplice,and the crime of refusing to perform the information network security management obligation.The analysis of the constituent elements and the critical thinking on the model of accomplice attribution,analyzes the criminal liability boundary of network technology service providers not as crimes.