| The National Internet Information Office promulgated the "Regulations on the Management of Internet Group Information Services" in September 2017,which stipulates the group management responsibilities of the group owners,namely the namely the "group owners responsibility system" of "who builds the group is responsible" and "who manages the group is responsible"."The group owner spreads obscene electronic information by inaction " or "the group owner allows the group members to spread obscene electronic information".This kind of group owner’s behavior of not directly spreading obscene electronic information is the direct expression of "group owners responsibility system" in judicial practice.That is "the establishment of the group is not for the purpose of spreading obscene electronic information.The group members firstly spread within the group.The group owner has not fulfilled its management responsibilities and has not taken preventive measures to allow the harm to occur." The criminal blame and identification of "the spread of obscene electronic information by the group owner’s inaction" should promote the "inaction blame path".In addition to satisfying the general conditions of the crime of spreading obscene materials,it also has the formal obligation of Article 9,paragraph 1,of the Group Regulations,and a substantive obligation based on exclusive control.The crime of spreading obscene materials for inaction can be established.But still need to combine the difference between the group owner and the network service provider,to limit the group owner’s inaction crime.On the distinction between principal offender and assisting offender participating in inaction,the use of an important role says that it is certain that the group owner "can indeed avoid the outcome as long as he fulfills his obligation to act",so group owner establishes principal offender instead of assisting offender.According to whether the single member who spreads obscene information meets the conviction standard,the principal offender of the group owner can be divided into the single principal offender and the joint principal offender. |
