Criminal Law Research On Neutral Helping Behavior Of Internet

Neutral Helping Behavior,originated in Germany,has aroused heated discussions of many scholars.With the rapid development of Internet,the traditional Neutral Helping Behavior has encountered severe challenges,with the promulgation of "The Amendment IX to the Criminal Law of the Peoples Republic of China",the introduction of network Neutral Helping Behavior has become the focus of academic discussion,of which twenty-eighth and 29 of the second part of the network service providers in violation of the obligations of the information network security management the behavior of network technology,network providers to provide technical support and help behavior into the crime prescribed,cyber crime related to a certain extent will be or is being implemented to curb the role.However,there are still many problems need to be solved in practice.For example,the boundary between crime and non crime because of the provision is more abstract but what is fuzzy,responsibility there are some overlapping forms.Therefore,in view of the above problems,according to the domestic and foreign related crime to the principle of Neutral Helping Behavior,combining with the characteristics of related network services,from the behavior of harmful consequences,subjective malignant degree,the severity of social impact and other aspects of the new set of charges to clear the conviction standard.According to the existing mode of Joint Crimes,the existing principal and not as the three theory,further to help end network neutrality should assume the responsibility which form the specific distinction,so as to provide a feasible method for path of judicial practice,the judicial fairness and justice.Indeed,the introduction of "The Amendment IX to the Criminal Law of the Peoples Republic of China" has certain effect on deterrence against cybercrime in face of rampant network crime.But at the same time,we should see that the development of the society cannot do without the innovation of science and technology,especially the network technology innovation field and the development of one country.Therefore,we should take into account the innovationand development of network technology to defend legitimate business.In order to defend legitimate business as the starting point for Neutral Helping Behavior in internet,setting up a crime mechanism,and strive to find a balance point between the fight against crime and the protection of freedom and innovation,realize the healthy,orderly and sustainable development of society.