Research On Criminal Liability Of Internet Service Providers

As the second spatial layer of human society,the influence of cyberspace on the real society is gradually expanding.There seems to be a clear boundary between the two-layer society,but in fact there are innumerable relationships.While enjoying the convenience brought by the development of network technology,people also suffer the harm caused by the increasingly rampant cybercrime.The implementation of criminal acts in cyberspace is inseparable from the support of network technology.When the seemingly neutral network service behavior is involved with the criminal behavior that causes harmful results,how to judge whether the service behavior of the network service provider is punishable? How to determine their criminal responsibility has become an important part of the current work against cybercrime.In order to achieve the governance effect of the network environment and give full play to the role of network service providers in the network society,on the one hand,it is necessary to unify the responsibility model of criminal responsibility and delineate the red line of the law;Give certain freedom to maintain the innovative environment of the network society.This article discusses the main content of the criminal responsibility of network service providers through four parts: the first part,firstly,analyzes the theoretical basis of network service providers.provider" is clearly defined.The second part compares and analyzes the mode of attribution of criminal responsibility of network service providers,and resolves the attribution of criminal responsibility of network service providers by analyzing the accomplice mode,the mode of normalization of helping behavior,and the application and dispute points of the mode of liability for omission The problem of unification of patterns.The third part deals with the limitation of the criminal responsibility of the network service provider and the way of assuming the responsibility.Through the enumeration and analysis of the current penal and non-penalty measures in our country and the explanation and analysis of the security sanction,the applicability of the security sanction as a way of assuming responsibility to the network service provider is explained.The fourth part,based on the above explanation,analysis and conclusion of the criminal liability of network service providers,further proposes optimization suggestions for the improvement of criminal responsibility of network service providers,in order to achieve the dual effect of combating cybercrimes and promoting the development of the Internet.