Research On The Issue Of Criminal Law Regulation Of The Behavior Of Network Service Providers

The Internet is the most dynamic field in the current era.The rapid development of the Internet not only creates opportunities for human society,but also brings a series of challenges.Network service providers in the Internet,which is not yet fully developed,rely on the rapid development of technology and constantly broaden their own fields.However,many new types of crimes are gradually breeding in the field.Through the analysis and discussion of "fast broadcast case",combined with the relevant criminal law theory,this paper deconstructs the behavior of contemporary network service providers,and then completes the research on the criminal law regulation of network service providers' behavior.The first part of the article is to analyze and deconstruct the popular cases of network service provider crime.Taking the "fast broadcasting case" as the main body,combined with the different views of the criminal law academia on the "fast broadcasting case",this paper summarizes the two controversial focuses of the "fast broadcasting case" : what is the type of behavior of the fast broadcasting company and whether the principle of technology neutrality can become the criminal exemption of the network service provider The two controversial focuses are the main body of the discussion.The second part of the article is to classify and discuss the behavior of network service providers,aiming at the behavior of network service providers' action and inaction,combining with the relevant theoretical knowledge of criminal law to analyze,and finally clarify the boundary between the action and inaction of network service providers.At the same time,it analyzes the objective behavior of the fast broadcasting company,and determines that the behavior mode of the fast broadcasting company is the combination of act and omission,which is different from the single omission considered by the court of first instance.The third part of the article is to discuss the judicial cognizance of the network service provider behavior,combined with the promulgation and implementation of the criminal law amendment(9),to analyze the judicial cognizance of the network service provider behavior.At the same time,according to the analysis,the author draws the same conclusion as the court of first instance,that is,the fast broadcasting company constitutes the crime of spreading pornographic articles for profit without pure omission,but it is obviously different from the court of first instance in fact demonstration and law application.The fourth part of the article is from the relationship between technology and criminal law and legislative methods of two aspects,the regulation of network service provider behavior put forward opinions and suggestions.