Research On The Difficulties In Assessing Network Service In Criminal Law

With the rapid development of Internet economy,there are a series of business opportunities in Internet.In order to meet the needs of users,network services appear one after another.How to maximize the benefits of the network economy and society,but also to protect the security and stability of the network is a problem to be solved.Network service behaviors supported by various network technologies and with various functions need to be evaluated by criminal law.As the most severe law,criminal law still needs to be studied on what kind of charges these network service behaviors should be evaluated and the difficult problems in the application of these charges.This paper classifies the existing typical network service behaviors according to the most widely applicable charges,and discusses the difficult problems in the application of criminal law.The first chapter of this paper studies the difficult argument in the application of the crime of helping information network crime.According three difficult cases,it is concluded that the crime of helping information network crime is often used to evaluate the behavior of providing technology development and website maintenance for fraud websites,and publishing fraud soliciting information on chat social software for network fraud.Because the network crime concentrates on the network fraud and network gambling,so the conviction of providing network service behavior is often controversial.In this paper,from the subjective aspect of the crime of helping information network crime,whether knowing well or not is difficult to identify.It is concluded that the scope of knowing well needs to be strictly limited,and the scope of knowing well should be determined in the scope of clear knowing.The legal provisions on the serious circumstances of the crime are not clear.There are still some provisions in the judicial interpretation of helping information network criminal activities and other cases.The scope of the evaluation object of the crime is still controversial.This paper thinks that we should break through the specific form of help and judge from the essence of help behavior.The second chapter of this paper analyzes the difficult problems in the evaluation of network service behavior of the crime of refusing to perform the obligation of information network security management.From the three aspects of the objective behavior of this crime,the scope of network security management obligations of network service providers is defined respectively.The specific circumstances under which the regulatory authorities order correction and refuse to correct.Whether the way of interview can be included in the scope of ordering correction.What kind of circumstances are serious or cause serious consequences are discussed.As for whether the situation of huge amount of criminal income should be attributed to the serious circumstances,this paper holds that specific provisions should be made according to the first three situations listed in the judicial interpretation.In the limitation of information network security management obligations,we should consider the actual supervision ability and supervision cost of network service providers.The third chapter of this paper studies the crime of fraud which is often used to evaluate the network behavior of the crime of fraud in judicial practice.In the crime of network fraud,the service behavior is often used by the crime of fraud.Service behavior plays different roles in different criminal structures.The degree of knowledge and participation of Internet service providers in the crime of fraud determines what kind of crime they get.The main dispute lies in the dispute between the crime of helping information network crime and the accomplice of fraud.At the same time,due to the complexity and concealment of the crime of network fraud,it is difficult to determine the amount of crime.This paper puts forward some suggestions on the determination factors of the amount of crime.The fourth chapter mainly analyzes the irrationality of the crime of illegal business operation when it is used to evaluate the behavior of swiping orders and speculation on the Internet.This paper uses the crime of illegal business operation to evaluate whether the behavior of swiping orders to speculate in credit service is in line with the constitutive requirements of the crime of illegal business operation.First of all,the legislative purpose of the crime of illegal business operation is to prevent the unlicensed subject from carrying out the franchise business.From the perspective of the illegal license system,the behavior itself does not have legitimacy,will not be permitted,and can not violate the license system.At the same time,from the point of view of the seriousness of the plot,the harmfulness of the behavior is certain.In addition,the behavior of swiping orders to speculate in credit service is not in line with the situation of dealing with the crime of illegal business operation in judicial interpretation.Therefore,we should classify the behavior of swiping orders and speculation,and convict and punish it according to different types.