Study on Attribution of Liability for Internet Insult Crime
In the network insult crime committed by individuals,the initiator of the insult speech has the dominant effect on the result caused by the insult behavior,and should bear the criminal responsibility of the insult crime.The identification of the responsibility of the active participants who have no intention to contact the initiator of the insult should start from the essence of the infringement of legal interests,and should not pay too much attention to the appearance of harm caused by"quantity".Network service providers who provide substantial help for others to commit insult crimes may,depending on the circumstances,constitute the crime of one-sided assistance or refusal to perform the information network security management obligations or the crime of assisting information network criminal activities.In the joint implementation of the network insult crime,the network service provider establishes the accomplice of the insult crime,depending on the different circumstances,it may constitute the crime of refusing to perform the information network security management obligations or the crime of helping the information network crime activities;The hired cyber soldiers can be treated leniently according to the specific circumstances by referring to the rules for the identification of the active participation in the act of cyber insult;The determination of the principal and subordinate offender of the joint crime of Internet insult should be based on whether the behavior plays a dominant role in the completion of the crime.The perpetrator of the crime of helping the Internet insult may also be identified as the principal offender.
insult crimeattribution of liabilitynetwork alienationjoint crime
万方数据
维普
