The Boundaries Of Punishment Of Criminal Punishment For Network Neutral Help

The crime of helping information network criminal activities has become the third largest crime prosecuted by procuratorial authorities.The original purpose of this crime is to make the network illegal help behavior free from the shackles of traditional accomplice theory,but it has shown an obvious trend of “pocketing” in judicial practice.In order to prevent crime from unduly expanding the combat surface and hindering the benign development of network service providers and even cyberspace,it is necessary to reasonably restrict it.Based on this purpose,this article uses empirical research,literature analysis,and comparative research to clarify the relationship between the“Helping-cyber Crime” and network-neutral helping behavior and to provide feasible suggestions for delineating the boundary of criminal punishment for network-neutral helping behavior.Firstly,using the literature search system for screened high-quality literature,and the current research shows that the understanding and application of the crime of Helping-cyber Crime is still lacking in criminal law doctrine,and there is a certain connection between it and the theory of neutral helping behavior.Secondly,the article uses a case search system to screen out six typical cases related to net-neutral helping behavior,showing that there is only a limited intersection between this crime and neutral helping behavior,and there is still a practical significance to delineate the boundary of criminal punishment for net-neutral helping behavior.Thirdly,by pointing out the dilemma faced by net-neutral helping behavior when applying the traditional theory of neutral helping behavior for explanation,the article further proposes a theoretical reconstruction in terms of the centrality of internet service providers,sources of obligations and modes of responsibility,and shows that,on the basic position of supporting a hierarchical review combining objective and subjective,a typological study should be conducted on network service providers,dividing them into.The article also indicates that,in order to reasonably delineate the boundary of criminal punishment for net neutrality assistance,which should conduct a typological study of network service providers,classify them into network platform service providers and non-platform service providers,and focus on the existence of supervision and management obligations of internet service providers and whether they have the possibility to act as such with the help of the theory of duty offenders,and then carry out progressive restrictions from the four important elements of risk creation and spatio-temporal relevance.Based on the aforementioned criteria,the article provides an in-depth analysis of the reasonableness of the controversial verdict in the typical cases and provides a certain basis and direction for further reasonably limiting the undue expansion of the crime of Helping-cyber Crime.