The Regulation Of Criminal Law On The Behavior Of Network Service Provision

With the development of the times and the advancement of technology,The Internet has also begun to move from the earliest military use to civilian use.While bringing convenience to people’s production and life,Inevitably,more and more criminal behaviors also penetrate into cyberspace.In these network-related criminal activities,Internet service providers play a very important role.Their Internet services provide behavior or indirectly to be used by criminals,or actively participate in crimes,thereby promoting the occurrence of crime.Although in the latest Criminal Law Amendment(IX),the new crime of refusing to perform the obligation of information Internet security management and the crime of helping information network crime have been newly added to the crime of providing Internet services related to crime.However,it must be squarely pointed out that the current criminal law system in China still has insufficient regulation of the provision of Internet service behavior.There are certain defects in the legislation,and there are errors and deficiencies in judicial practice.This paper first introduces the basic concepts related to the behavior of network service provision,explain the necessity of criminal regulation of Internet service provision behavior,and the type of network service provision behavior of various types and different forms is classified and better studied.Secondly,it gives a brief introduction to the criminal legislation and judicial status of Japan,the United States and the European Union countries,in order to draw useful experience from it.It also summarizes the legislation,judicial status and deficiencies in China’s criminal law enforcement of Internet service provision behavior,so as to solve the problem more specifically.Thirdly,the article puts forward three important andunavoidable problems in the provision of criminal service Internet service: the punishability of technical neutrality,the issue of joint crime and the crime of non-action,and based on the analysis,the solution is given.Finally,the article considers the criminal law system network service provision behavior from a macro perspective,summarize the three criminal attribution models of network service provision behavior: the mode of imputation of the offense,the mode of imputation to help the offender,and the mode of imputation of the offense.In the last,it is proposed to regulate the provision of network services through the establishment of special charges and the use of other crimes.And it puts forward supplementary suggestions on the insufficiency of the crimes and punishment methods in the existing criminal legislation in our country.