On Punishable Network Neutral Assistance Behavior

Network neutral assistance behavior is a new product derived from the concept of neutral assistance behavior under the continuous iteration and update of network technology.Punishable network neutral help behavior is based on neutral help behavior.It not only has the general attributes of neutral help behavior,such as neutrality,helpfulness and daily,but also has the characteristics of concealment,open source and independence based on cyberspace.The act of network neutral assistance does not necessarily mean that it is a legitimate act,so its connotation has dual attributes of punishment and non punishment.However,in practice,this has not been clearly defined.The legislative organs of our country have always adopted a positive attitude towards the criminalization of network neutral assistance behavior,especially the "Amendment 9 to the Criminal Law of the People’s Republic of China" which includes the crime of assisting information and network security activities and the crime of refusing to fulfill information and network security management obligations in the scope of criminal punishment,with the intention of implementing comprehensive punishment for the dual dimensions of both action and inaction of network neutral assistance behavior,The punishment for network neutral assistance behavior in judicial practice is showing a surge trend.However,how to measure the standards for their incrimination and limit the scope of their excommunication is a challenge in front of us.In terms of the degree of incrimination,three objective criteria should be adhered to:to examine whether network neutral assistance behavior objectively creates or enhances the danger of the principal offender’s behavior,whether it causes or increases the danger due to violating norms,and whether it becomes the center of the danger;In terms of subjective criteria,cognitive factors should exist as "knowing" and willpower factors should be limited to "letting go".In terms of the degree of offense,a compromise position based on objective attribution is adopted to determine the subordinate nature of the joint explanation of behavior and assist the offender in solving the theoretical confusion in the logic of offense.