Criminal Imputation Against Online Platform Inanction:Reasons,Paths,and Limits
Online platforms can precisely match supply and demand,rapidly improve the efficiency of social resource allocation,and make important contributions to the development of China's social economy.However,a series of cases show that there is a causal relationship between the inaction of online platforms and the infringement of major legal interests.The theory of"neutral helping behavior"should not be used to deny the criminality of online platform inaction.Having the duty of conduct is the prerequisite for the establishment of the crime of omission of platforms.In essence,the obligation comes from the"domination to the cause of the result".The content of online platforms as an obligation has been clearly stipulated in the relevant administrative laws and regulations,but the formal obligation must be tested by the substantive deontology.There are two imputation paths against intentional inaction of online platform:the principal and the accomplice.The legal threshold of imputation to principal offender is high.In most cases,the criminal responsibility of platforms should be investigated from the perspective of accomplice.The crime of helping information network criminal activities is not a criminalization of aiding behavior in legislation,the imputation of platform inaction according to this crime is still a continuation of the path of joint liability for accomplice.Platform inaction with the nature of indirect assistance can also be included in the scope of this crime.It is impossible for an online platform to be convicted a crime of inaction due to its negligence.
online platformnon-typical omission crimeneutral helping behaviorconsequence-cause domination theoryminimum subordination theory
万方数据
维普
