A Study On The Regulation Of Network Neutrality Help Behaviour

In recent years,human society has entered the information era,and the Internet is closely related to people’s work and life,becoming increasingly close and an indispensable tool.Information network crime has also quietly emerged,and the Internet has become a new crime tool and venue,which not only seriously threatens the order of social management,but also relates to the vital interests of the people and the political and economic security of China.The perpetrators of cybercrime usually need to use the network service providers to provide network services to commit crimes,but the network service behavior has the attribute of "neutral help",the appearance of both daily,business,repeated continuity,but also in line with the normal transaction compliance meaning,the appearance of harmless but objectively help the implementation of criminal behavior.Neutral assistance on the internet is a specific manifestation of neutral assistance in the field of cybercrime.There is still a heated controversy in the academic community as to whether neutral helping behaviour is punishable and how to draw the boundaries of its punishment.Previously,before the introduction of the Amendment（IX）to the Criminal Law of the People’s Republic of China（hereinafter referred to as "Amendment（IX）to the Criminal Law"）,most of the crimes were punished through the accomplices of the relevant crimes,and there would be a situation where the positive offender was not guilty or there was no positive offender and the helping act could not be punished.The Amendment to the Criminal Law（IX）adds two offences of aiding criminal activities in information networks and refusing to fulfill the obligations of information network security management,in order to balance the relative stability of the law with the diversity of changing situations and to better protect network security.The liability model of the offence of assisting information network activities has led to discussions,with some scholars arguing that the offence is a "formalisation of the act of complicity",which has led to an undue expansion of the scope of punishment,resulting in a widening of the penalties.These two offences,together with the models of accomplice liability,namely the accomplice model,the positive criminalisation model and the obligatory criminalisation model,constitute the three criminal law models of network neutral assistance.It can be seen that the crackdown on cybercrime is increasing,but due to the unclear provisions on "knowingly",there is a competition between the liability models,which has led to the problem of selection and application in judicial practice,resulting in different sentences for the same case.At the same time,administrative penalties can be used to regulate cyber-helping behaviours that do not meet criminal law standards or are not sufficiently substantiated,forming an integrated barrier to cybersecurity protection.To study the regulatory path of cyber helper behaviour,firstly comb through the existing legislative and judicial status of cyber helper behaviour to find the process of expanding the punishment of neutral helper behaviour.Secondly,it specifically analyses the reasons for the expansion of neutral helping behaviour and how to alleviate the current situation of severe crackdown,applies the compromise theory based on objective imputation to limit punishment while the principle of criminal law modesty should be adhered to,and details how to specifically apply the compromise theory based on objective imputation.It then analyses the existing models of punishment and the specific manifestations of competition between the different models and proposes concrete proposals to alleviate this contradiction and to properly deal with the criteria for determining competing norms.Finally,it introduces how to properly interface with administrative law for preparatory and facilitative acts that do not meet the criteria,so as to form an integrated protection for cyber security.