Research On The Criminal Responsibility Of WeChat Group Owner For Negative Crime

The WeChat group provides a "online place" for criminals while helping people communicate with each other.YWhen Wechat group owners do not actively perform their supervisory duties,causing others to commit crimes within the group,they may bear criminal responsibility for omission or impure omission.China's criminal legislation does not have the relevant provisions of impure omission,will not act as a crime evaluation is more borrowed from the criminal law theory.However,the basic problem of omission crime has been controversial for a long time in criminal law theory.Using this long-term chaotic criminal law theory to define omission crime will inevitably bring the theoretical chaos into judicial practice.From the existing case judgment documents,Wechat group owners undertake the crime of omission has not been fully justified.Therefore,it is necessary to reorganize the theory of impure omission in China's criminal law by taking the research on the criminal responsibility of the group owners of Wechat as an opportunity.This article is divided into five parts:The first part mainly discusses that as the founder of the space order,the owners of Wechat Group play the role of administrator while enjoying the benefits of the network.Wechat group owners who fail to fulfill their statutory maintenance and management obligations also constitute indirect damage to a particular order,and they need to bear corresponding legal responsibilities,including civil liability,administrative liability and criminal liability.The second part discusses the legal status of the owners of Wechat group.The owners of Wechat group are the builders and maintainers of the special cyberspace order.The basic obligations and core rights of the owners and members of Wechat group are different.Members only have the obligation to manage their own behavior,and there is no obligation to supervise the behavior of others in the group,while group owners have the obligation to manage their own behavior and the behavior of other members in the group.The owner of Wechat group has the characteristics of unidirectionality and exclusiveness in the right of withdrawal,and he has absolute domination and management status to any member of the group.The third part discusses the deviation of the criminal responsibility for the omission of the group owners in the judicial practice,including the wrong logical order of conviction and inappropriate application of law.In theory,it clarifies the nature of the act obligation in criminal law,and clarifies that it is appropriate to interpret objectively many problems of omission crime,and the joint crime nature of Wechat group owners and members belongs to one-sided accomplice of omission.In the fourth part,the author sorts out the criminal law systrem of the action obligation of the group owners of Wechat and criticizes the theory of formal obligation.From the angle of the substantive obligation,the writer tends to be more inclined to prevent the obligation based on the domination of the field of legal interest danger.The content mainly includes two parts:one is to prevent the criminal act from being carried out promptly and effectively,the other is to prevent the criminal act from being carried out promptly and effectively.Effective elimination of criminal consequences.The fifth part mainly discusses the exemption of the criminal responsibility of the group owners,including subjective exemption and objective exemption.Subjective exemption includes non-cognitive factors and non-willingness factors,objective exemption includes objective exemption due to the principle of exhaustion of rights,objective exemption due to the prevention of criminal acts or consequences of crime,and objective exemption due to the non-constitutive crime of Wechat members.