Criminal Law Research On The Neutral Helping Behavior Of NET

In recent years,the rapid development of Internet technology has brought great convenience to people,and network space is gradually integrated and inseparable from the daily life of the public.The birth of the Internet,while constantly enriching our life,has also become the potential soil for the breeding of cyber crime due to its own characteristics such as virtuality and concealment.With the rapid development of network technology,the means for others to use the network to carry out criminal activities have been constantly updated.Nowadays,the pattern of the combination of users' using network technology to carry out criminal behavior and network service providers' helping behavior has become a hot spot of network crime.The "QVOD case" that attracted wide public attention in 2016 is a typical example of this pattern.The case is over,but the debate about the inculpation of neutral helping behavior of net is still lively.Starting from the basic facts and relevant disputes of the "QVOD case",the author systematically reviews and evaluates the theories on the inculpation of neutral helping behavior at home and abroad,and tries to reasonably define the penalty boundary of the neutral helping behavior of net.In combination with the traditional criminal law theory and China's current relevant laws and regulations,the author concretely discusses the identification of punishable types of the neutral helping behavior of net from two aspects of behavior types and crime forms,in order to put forward some opinions for the better regulation of neutral helping behavior of net in China's criminal law,so as to meet the needs of effectively combating network crimes.It also meets the requirements of ensuring the rapid and healthy development of China's Internet industry.This paper is divided into three parts.Details are as follows:Part one,an overview of the neutral helping behavior of net.First of all,from the perspective of the basic facts of the "QVOD case" and the controversy about "Technology Neutrality",the author puts forward the thinking on the inculpation of neutral helping behavior of net caused by it.Secondly,it defines the concept and characteristics of the neutral helping behavior of net accurately.Finally,it classifies the neutral helping behavior of net according to different types of subjects,and lays a good foundation for further discussion in the following part by clarifying the basic problems of the neutral helping behavior of net.Part two,the inquiry of the inculpation of neutral helping behavior of net.This part systematically reviews the representative academic achievements of existing researches on the neutral helping behavior at home and abroad,so as to lay a theoretical foundation for the analysis of the inculpation of neutral helping behavior of net below.This part aims to analyze the merits and defects of different academic achievements,clarify the basic position of this paper on the regulation of neutral helping behavior of net in criminal law,and further clarify the scope of the inculpation of neutral helping behavior of net by discussing the judgment criteria of the inculpation of neutral helping behavior of net.Part three,the punishable types of the neutral helping behavior of net.On the basis of the foregoing,guided by the traditional criminal law theory and combined with the relevant legal norms at the present stage in China,this part starts from the two aspects of behavior types and crime forms to make a comprehensive and systematic analysis of the punishable types of the neutral helping behavior of net,and discusses how the punishable neutral helping behaviors of net constitute crimes or how to identify and punish them,so as to put forward some opinions for the improvement of the criminal regulation of the neutral helping behavior of net.