Punishment boundary for online live broadcast platform's aiding act
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D924.3

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    Abstract:

    At present, the existing one-size-fits-all, equalized cognitive models in determining criminal responsibility forms and boundaries of criminal responsibility for online live broadcast platforms in helping criminal behaviors must be changed to adopt a typed and individualized disposal model. According to the enthusiasm of online live broadcast platform in helping criminal behavior, the online live broadcast platform's help to the crime can be divided into simple inaction help to the criminal behavior, inaction to the criminal behavior after being ordered to be corrected, and acts to help criminal behavior. On this basis, we can further clarify the criminal responsibility forms and specific boundaries of online live broadcast platforms in helping criminal behavior. In the form of criminal responsibility, online live broadcast platform shall simply bear the accomplice responsibility for the crimes it is assisting; the helping behavior that fails to act after being ordered to correct shall bear the responsibility for the offender who refuses to perform the obligation of manage the information network security; as a helping act, the online live broadcast platform should, in principle, bear the responsibility of crime of helping cybercrime, and the exception should bear the accomplice responsibility of the crime helped. However, in charging criminal liability, if the simple inaction of online live broadcast platform establish a neutral business behavior, or if when being ordered to correct, the possibility of performing obligations or avoiding the results technically is lack, or if a helping act meets the conditions of non-prosecution, criminal punishment on the online live broadcast platform should be prevented.

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霍俊阁.网络直播平台帮助犯罪行为的处罚边界[J].重庆大学学报社会科学版,2021,27(2):144~154

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History
  • Received:
  • Revised:December 15,2020
  • Adopted:
  • Online: March 13,2021
  • Published: