| P2P peer-to-peer network technology,is a network-based topology developed a new type of network communication technology.It breaks through the server-client unidirectional operation mode and connects each computer in the Internet in a peer-to-peer fashion,forming the resource sharing mode of "all for one,one for all",which makes the search range grow in geometric progression and the searching time is sharp drop obviously.But the illegal content dissemination,copyright infringement and other issues seems to be the inherent cancer,P2 P technology in the domestic and international network communication has been controversial.There is no definite conclusion on the criminal law of the software service provider's help behavior,and the related tort dispute has been found in many civil cases.Even though there are criminal jurisprudence cases abroad,because of the different legal system and the controversy of the case itself,weakened its consider value.The case of Internet service to help the crime is rare in the country,which can be described as the face of similar cases around the judiciary with a wait-and-see attitude in entering the criminal proceedings.In the era of large data and information network,the alienation of neutral technology has the risk of violating the law,I hope to return to the essential attributes of the P2 P software service provider's behavior.Analyzes the danger of alienation and the trend of crime as the research base,recognize the preconditions of the application of complicity theory,clarify the relevant legal system and judicial precedent,and overcome the decriminalization of legal science.At the same time,in view of the stipulation of the crime of helping information network crime,we should reexamine the path of the help act in our country,and refine relevant standard and sentencing regulation so as to balance the relationship between legal protection and technology development.This paper is divided into four parts:The first part is about the qualitative problem of the assistance behavior.Firstly,the concept of software service provider's assistance behavior is proposed,and it is clarified that the neutral network assistance behavior has the distinction of punishment and non-punishment.Secondly,it briefly introduces the infringement of P2 P technology in the copyright field and the use of software to disseminate the illegal content(terrorism,religious extremes,political content and obscene,violence works).Finally,the harm of alienation was analyzed.The second part is the study of qualitative dilemma of online assistance behavior in China.the focus of the problem of qualitative controversy,in order to carry out targeted research and analysis.It is confronted with the dual test of theory application and judicial application.The difference between the cognizance of behavioral attribute and the distinction between crime and non-crime is entirely different.The traditional accomplice theory is hindered and the existing law is confined.The third part is about the software to help the behavior of criminalization considerations.To take China's Qvod Player case as a model,We should return to the nature of the behavior for studying its social harm;Based on the position of the modern criminal law,the paper analyzes the necessity of choosing the path of being indecent in our country,and then combs the selection of the path of the help act in the field,summarizes and analyzes the purpose of the path selection,thinks about its path to the choice of the path of the culprit is the inspiration.The fourth part is about re-examining China's software neutral assistance behavior of criminalization considerations.In the light of the Article 29 of the Criminal Law Amendment Act IX,which is a new crime,it is necessary to consider the setting of the penalty limit,to recognize the punishment rules of the crime,and to perfect the penalty system,to balance the relationship between the legal protection and technology development. |
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