The Responsibility for Presumed Fault of Network Service Provider in the Information Network Crime
Information network crime is a typical technology-based crime.Although network service providers can provide technical assistance in network information crimes,they are also an indispensable force in preventing and controlling information network crime.The roles played by different types of network service providers in information network crimes are vastly different,so the ways of assuming criminal responsibility for information network crime also varies greatly.In this case,the criminal law should take different ways of attribution for different types of network service providers in information network crime.The existing criminal law stipulates clear security management obligations for the network link providers and network platform providers among the network service providers,and then adopts the fault presumption attribution method for the information network crimes carried out by the network link providers and network platform providers In the context of risk society,the responsibility for presumed fault reflects the paradigm shift of the criminal law governance model from"principle of responsibility"to"principle of presumed responsibility".This"presumed responsibility"governance model not only has significant effectiveness on preventing and controlling information network crimes,but also provides a theoretical basis for how to effectively punish other types of risk crimes.
information network crimesnetwork service providerresponsibility for presumed faultprinciple of presumed responsibility
NETL
NSTL
万方数据
