Reflections On The Criminalization Of Internet Cloud Service Provider

The research area of this thesis is cybercrime.The criminal subject is the internet cloud service provider.The research direction is that if the internet users commit cybercrime by the internet cloud service provided by the internet cloud service provider,as the helper whether it constitutes a crime? The problem to be solved in the thesis is that facing the growing cybercrime,how the criminal law can better play its last line of defense,and maintain a moderate attitude in the development of new network technologies.This thesis focuses on the analysis of several criminal crimes that may be involved in the process of cloud service.Such as disseminating obscene articles and pirated resources;storing large amounts of citizen personal information illegally;gambling on the internet,etc.In response to the above situation,introducing the two theoretical theories: the practicing behavior theory and the neutral help behavior theory.Combined with the two crimes of "Criminal Law Amendment(IX)" : the crime of refusing to perform the internet security management obligation and the crime of helping cybercrime.And analyzing the criminal conviction path of the internet cloud provider preliminary from the two dimensions of theory and practice.This thesis believes that we should adhere to the restriction of punishment about the internet cloud service provider initially,but should increase the conviction rate appropriately.First of all,the social harm of the help behavior of the internet cloud service gradually shows the tendency of "mainly offenders".And just using the accomplice theory to response it has not kept pace with the times.In addition,the rapidity and concealment of the internet have caused great obstacles to the investigation of cybercrime.The existing criminal law has gradually tended to rule thepreparatory behavior.Therefore,it is feasible to consider the criminalization of internet cloud service provider.Finally,criminal strikes will inevitably obstruct the development of new technologies in the internet.The interest measurement should be taken as a principle,considering the proportion of relevant stakeholders,and combining a series of social comprehensive factors to select a suitable criminal conviction path for internet cloud service provider.It is mainly the responsibility for joint crime or independent crime by help behavior or true inaction crime.Therefore,the thesis believes that in the current situation of using the internet cloud service to commit crimes,a "double-track two-point multiple crimes" model should be adopted.Adhere to the judicial interpretation and supplement the legislation;the criminal conviction path of the responsibility for joint crime and independent crime;in the case of coercion,the crimes and punishments should be adapted.The basis of the judgment of specific cases should be based on an objective aspect to presume the subjective aspect,combining with a series of comprehensive factors.Therefore,a kind of eclectic theory combining subjective and objective is determined,which constructs a complete set of criminal conviction path for cloud service provider.We should crack down on the use of cloud service for crimes severely,and maintain clear and clean cyberspace to make the foundation of the two-tiered society more stable.