Study Of Punishability Of Network Neutral Help Behavior

According to the traditional theory of helping criminals,the behavior of networkneutral helping criminals is usually regarded as punishable helping criminals because of ignoring the attention to the neutrality of the behavior.In the information network era,the progress of science and technology and the development of social economy all depend on relatively stable and free trading and communication space.If neutral helping behavior is treated as helping crime or even principal crime without distinction,or if civil freedom is excessively restricted,it is not conducive to stimulating the vitality of the market economy or even hindering the process of scientific and technological innovation.It is very necessary to explore a reasonable path to limit the punishability of the network neutral help behavior in order to regulate the punishable help offenders and liberate the non-punishable network neutral help behavior.The introduction briefly describes the current status of the controversial issue of whether the network-neutral help behavior is punishable in the information network era and attempts to achieve the research purpose of constructing a new path to limit the scope of punishment for the network-neutral help behavior by combing the relevant conceptual theories.The first part summarizes the characteristics of the network neutral help behavior,such as neutrality,help,subject particularity,etc.providing a precise foothold for subsequent theoretical research.The second part investigates the current situation of legislation and judicature on the behavior of network neutral assistance both inside and outside the domain.By comparing the content and practice of current laws both inside and outside the region,it is concluded that China’s network neutral assistance behavior has an obvious tendency to incriminate and its punishment scope needs to be limited in order to balance the relationship between network innovation and network order maintenance.The third part sorts out and reflects on the punishability theory of neutral help behavior at home and abroad,and combines the characteristics of network neutral help behavior,and puts forward the position that objective imputation theory should be adhered to in order to limit its punishability.In addition,it logically proves the rationality of introducing objective imputation theory.The fourth part elaborates the path to limit the scope of punishment for neutral helping behavior based on the objective imputation theory.Through formal attribution to judge whether the neutral help behavior has the possibility of imputation evaluation of the help offender,and then through substantive imputation judgment,with the help of objective imputation theory to review whether the behavior raises the risk not allowed by law,the behavior can only be punished if it satisfies both formal attribution and substantive imputation conditions.In the fifth part,the restriction scheme will be refined in the case of network neutral help behavior,and the operability of the scheme will be demonstrated in the form of case analysis.