Research On Criminal Liability Of Online Platform Service Providers

With the iterative development of information network technology to the era of web3.0,the network platform has become the "new center" of the decentralized cyberspace.The traditional crime has mutated in the cyberspace.The online platform crime helps the behavior to break through the accomplice's subordination and becomes independent,and its social harm is gradually surpassing the implementation behavior.All these have brought a huge impact on the traditional joint crime evaluation model.In response to the intensifying trend of crimes involving cyber platforms and the weak response to traditional accomplice theories,the judicial organs and legislatures have responded by formulating corresponding judicial interpretations,adding the crime of aiding information and cybercrime activities(hereinafter referred to as the "crime of aiding credit"),refusing to The crime of not fulfilling the obligation of information network security management.As a result,three types of criminal liability paths for online platform service providers are formed—the accomplice liability model,the accomplice model,and the omission responsibility model.Other impure omissions.However,these several criminal liability models have problems such as overlapping paths of attribution and unclear applicable boundaries.Based on the criminal obligations of the network platform,this paper analyzes the theoretical disputes behind each imputation path,clarifies the specific application requirements of the relevant charges,clarifies the logical relationship between the charges,and attempts to resolve the collaboration dilemma between the various liability modes.First of all,this paper defines the concept connotation of "network platform",and classifies the network platform according to the service content of the platform.And classify the crimes related to the network platform in the sense of criminal law and draw the basis for the network platform service provider as the subject of criminal responsibility.Secondly,this paper proposes three standards that must be followed in the criminal imputation of network platform service providers in a general sense.The premise is that the second is the core standard,the online platform has the possibility of fulfilling its obligations,and the third is the legal standard.If the online platform has a wrong understanding of the illegality of its own behavior,it will prevent the subjective and intentional establishment,and thus will not bear criminal responsibility.Thirdly,the criminal responsibility of the network platform is divided into the criminal responsibility of the accomplice and the criminal responsibility of the individual crime.Theoretical research on the punishability of technology neutral behaviors of network platforms is carried out.This paper believes that technology neutral behaviors are not all unpunishable.While adopting the objective theory,based on the theory of objective imputation,follow the objective of first and then subjective,clarify the network platform's behavior.Neutral helps behavior penalty boundaries.In the separate crime model,combined with relevant cases in judicial practice,the identification of the constituent elements of the crime of refusing to perform the obligation of information network security management and the crime of assisting credit is standardized,and the application of the crime of assisting credit is limited.Finally,in view of the continuous expansion of the criminal circle of online platforms and the increasing criminal risks,the criminal liability of online platforms is restricted from three aspects: advocating a one-sided accomplice model,constructing a criminal compliance mechanism,and learning from the safe harbor principle in civil law,so as to promote information The development of network technology realizes the value balance between public interests and personal interests,criminal risk control and Internet technology innovation.