On The Deficiency And Improvement Of Criminal Regulation To The Internet Service Provider In China

The Internet service provider as people's important media into the cyberspace,for many network users with equipment,technology,services,making a large number of network activities possible.Because of this,the role of the Internet service provider in cybercrime is increasing,and the social harm of cybercrime is becoming more and more serious.Therefore,in order to ensure the healthy development of the Internet industry and the safe and orderly environment of our network environment,in order to guide the Internet service provider to play a positive role in the establishment of network social order,criminal law on the Internet service provider to carry out strong regulation is necessary.This paper is divided into four parts: the first part is to clear the concept of the Internet service provider,while in the criminal law on the Internet service provider to be defined,and determining the scope of the Internet service provider involved in the scope of the crime.The second part is our criminal law of the regulation status of the Internet service provider,it is mainly reflected in the two aspects of "China's regulatory of the Internet service provider of criminal law norms" and "the Criminal law regulation of the Internet service provider in judicial practice".The aspect of criminal law emphasizes the "Criminal Law Amendment(9)" for "Refused to perform information network security management obligations" and "Help the crime of information network crime" two charges,judicial practice focused on " according to the Internet service provider specific criminal acts to convict and punish" and "on the accomplice of the Internet Service Providers by the theory of accomplice".The third part is the lack of performance of China's criminal law regulation to the Internet service provider behavior,this deficiency is reflected in the criminal law norms and judicial practice in two aspects,and the shortcomings of the criminal law norms include "Refused to fulfill the information network security management obligations of the elements of the meaning of the meaning of the law and the logic of the contradiction","The scope of punishment for the crime of helping information cybercrime is too large",and "Regulatory network service providers are not penalized".The fourth part is the analysis of the third part of the analysis given the improvement of criminal law regulation,including "Clarify the connotation of the constituent elements of the rules of the Internet service provider","Strengthening the Internet service provider to a logic of convergence between the Article of Crime","Cleared the scope of the penalty for the accomplice of the accomplice of the Internet service provider","Improved the Internet service provider's penalty" and "Involved in the Internet service provider will not be able to deal with criminal complicity theory alone a crime" and so on.Throughout the legislation of criminal law in China,criminal law for the Internet service provider regulation can be described as increasingly strict and comprehensive.But we should also understand that the social value and economic value created by the Internet service provider is far greater than the harm it brings.If the criminal law is too restrictive to the Internet service provider,it can't control the risk,Bear the responsibility can't afford,it will undoubtedly seriously combat the confidence of Internet practitioners,network technology and even the development of the Internet industry,a huge obstacle.Therefore,without prejudice to economic development and scientific and technological progress under the premise of the criminal law through legislation to regulate the behavior of the Internet service provider,we must do the strict and the economy,relaxation degree,the behavior of the Internet service provider within a certain limit Impose the necessary criminal law.