Issues on Sentencing of Network Service Providers in Cybercrime

Abstract

With the continuous progress of science and technology, the problem of conviction and sentencing of network service providers in the field of cybercrime has become increasingly prominent. In judicial practice, there are often different judgments in the same case, ambiguous sentences in the judgment, and ambiguous qualitative nature of the subject of the crime, which shows that the path of conviction and sentencing of network service providers needs to be improved. Through analyzing the current laws and regulations concerning network service providers in China, the lack of classification of network service providers and the application of relevant sentencing laws are the main obstacles to the conviction and sentencing of network service providers. It is suggested to solve the practical obstacles of conviction and sentencing of network service providers by classifying network service providers, limiting the crime of helping information network crimes, strictly controlling the information network security management obligations of network service providers, and perfecting the relevant legal provisions on the obligations of network service providers.