Research On The Criminal Liability Of Network Service Providers

With the continuous development of network technology,the information age has entered human life,prompting virtualized space to become our life platform,and criminals frequently use virtual networks to conduct criminal activities.The provider of network services is the main body of management that plays an extremely important role in the network space.In fact,it is the operator of network services.Nowadays,more and more criminals use network services provided by operators as their criminal tools for criminal activities.In view of this situation,and based on the network service provider’s own technical level and its position and role as the main body of network space management,it is very necessary to set certain criminal liabilities for it.The Criminal Law Amendment(9)added two new crimes,Article28 and Article 29.On the basis of the accomplice liability model,for network service providers,the responsibility for actively assisting behavior and the responsibility for refusal to perform legal obligations have been added responsibility.Although the promulgation of the "Criminal Law Amendment(9)" provides a legal basis for further regulating the behavior of network service providers,it has a huge controversy in the theoretical world,and further research is needed to make a specific determination.In the first part of this article,the basic concepts of network service providers are explained,and they are divided into types according to certain standards.At present,the academic circle has two viewpoints on its connotation in broad sense and narrow sense.Regarding the classification standard of types,the author summarized two standards based on the duty of care and the type of subject.According to this standard,the author subdivides network service providers into three types: one is content providers,the other is intermediate service providers,and the third is platform service providers.The second part discusses our country’s identification mode of the criminal responsibility of network service providers.This part mainly introduces from two aspects.According to the three types of network service providers summarized in the first part,it introduces the four modes of criminal liability of service providers summarized in legislation and theory,and then based on the previous The summary separately introduced the specific determination of the criminal liability of these three types of network service providers.On the basis of the foregoing,the third part introduces the criminal liability of my country’s network service providers from the perspective of judicial practice,and focuses on the identification dilemma.For example,as the scope of the obligation is not clear,the subjective status is not uniform,how to identify the crime coexistence,etc.,the purpose is to find out the difficulties encountered in practice,so as to find solutions and better guide practice.In the fourth part,based on the problems found in the third part,and also from the perspective of judicial practice,the solutions have been found one-to-one,providing good ideas for solving practical problems.For example,strengthening the rights protection mechanism of network service providers,strengthening the supervision and restriction system in the process of fulfilling obligations,and so on.Of course,this is just the author’s perfect idea of this.The real practice requires the joint efforts of the judiciary and other relevant departments to build a more reasonable regulatory system and thus a better online world.