Research On The Crime Of Libel Accomplice In The Internet

In recent years,the social attributes of the Internet have gradually surpassed instrumental rationality,and have become an important factor restricting and even shaping the basic network and organizational form of society.The growing self-media technology and diversified expression channels,while broadening the expression of popular speech,have also led to the increasingly rampant criminal behavior of the Internet,making the effective management of the online speech order a social problem that needs to be solved urgently.Relevant judicial interpretations such as "Criminal Crime Interpretation" attempt to cope with the frequent occurrence of criminal acts by acknowledging the one-sided accomplice and helping the act being committed,but in theory it has been questioned to some extent.In the network field,the form of defamation crime is the act of "spreading" false facts,which directly leads to the expansion of the subject of online defamation crime from the former single publisher of defamatory content to the complex subject of network dissemination participants,network black public relations,network service providers and so on.The diversity of the subject of crime,the seriousness of the consequences of crime,and the vagueness of the status of the network service provider’s help behavior have impacted the accomplice compromise theory adopted in the current legislation of our country.Common acts and common intentions that constitute joint crimes in cyberspace have been broken through by the "one-to-many" indiscriminate technology provision of network service providers and the passive help behavior of technology providers under the "ignorance" state.The theory of common crime shows lagging behind in the context of cybercrime.Judicial interpretation and legislative amendment attempt to regulate technical assistance by recognizing one-sided accomplice and accomplice perpetration.Although the expected sanction effect has been achieved,it has resulted in the violation of the double-level classification standard of accomplice and the improper expansion of the criminal threshold.In view of this,through the investigation of the application of the principle of technology neutrality at home and abroad,this paper holds that the accomplice of defamation crime should be identified for the technical assistance acts of network service providers in defamation crime.According to the theory of minimum subordination of accomplice,the establishment of joint crime between defamatory speech sender and technical service provider is identified at the level of constitutive elements of crime;the common theory of behavior with formal illegality is advocated,and the common intention between technical provider and actor is identified to bridge the gap between behavior and liability.This paper sets up the responsibility model of accomplice under the condition of objective behavior,subjective psychology and inaction of the Internet defamation accomplice,that is,the accomplice of the Internet service provider.Therefore,in the theoretical level,the system of imputation and evaluation of online defamation assistance is constructed.