Research On The Criminal Law Regulation Of Neutral Helping Behavior Of Internet Service Providers

With the rapid development of cyberspace,a variety of network services continue to increase.With the rapid development of network technology,its convenience,integration and other characteristics change our way of life,bringing a lot of convenience.At the same time,we can not ignore the concealment,virtual and other characteristics of it for the breeding of new Internet crimes provide a broad space,and therefore the perpetrator of the crime has tended to diversify.Among these network crimes,the "fast broadcast case",which has attracted wide attention of the whole society,makes the neutral help behavior of Internet service providers become a hot topic discussed by the society and scholars."Criminal law amendment(9)on the hot issues rules for help information network crime crimes and crimes refuses to perform the obligation of information network security management,but in fact about the rules of the network service provider neutral help behavior in its actual applied on the road is not smooth,the related judicial interpretation has solved many problems,However,the inherent complexity,virtual and open characteristics of the network environment make it difficult for China to regulate the help behavior of net neutrality.Borrow from this background,this article compiled still exist in our country at present the network service provider of neutral help behavior of the criminal law regulation,such as network services provide responsibility unknown,web services provide subject scope of obligations that difficult,net neutrality help behavior subjective sin standard is not clear,relevant out terms cover too much content,The reasons why these dilemmas still exist are analyzed.By systematically sorting out the typical theories of criminal law regulation of net neutrality help behavior outside the region,this paper tries to reasonably define the judgment standards of neutral help behavior of Internet service providers and identify the boundary between crime and non-crime.At the same time,the type of Internet service providers,on the basis of classification,according to different types of web services provide subject has all the features,setting and refine the responsibilities of different range,and the behavior main body to meet the requirements of the information network security management related duty problems are analyzed and clear,The author hopes to put forward some of his own insights for the research on the criminal law regulation of neutral helping behavior of Internet service providers in China,and expects to contribute to the healthy and rapid development of China’s Internet industry and cyberspace on the basis of meeting the requirements of relevant laws and regulations in China.