Probe into the Punishability of Neutral Behavior - on the Judgement for the Behavior of P2P Provider.

Internet Services Provider(ISP) can be divided into Internet Content Provider( ICP), Internet Access Provider( IAP) and Internet Platform Provider( IPP). ICP should be responsible for what contents it provides, and IAP can' t be convicted as an auxiliary criminal. It follows that the relevant judicial interpretation is questionable. As to the IPP, what it did should not be regarded as an auxiliary criminal, since the help it provides usually belongs to a neutral behavior without the danger impermitted by law. The behavior of any companies who provide P2P softwares and other related services usually belongs to normal business operation, and it is improper to consider such a behavior as a danger which should be convicted insomuch as an auxiliary criminal to be punished. The proper way is to deny that their help behavior is guilty and they are auxiliary criminals. [ABSTRACT FROM AUTHOR]