ABSTRACT
This chapter focuses on some of the problems that have arisen in China and discusses some of the legal solutions that have recently been put forward. It examines the new obligations imposed on Internet service providers (ISP) under Article 286(1) of the Criminal Code of China in relation to having a duty to keep information secure and to remove illegal content from their platforms upon being warned. The chapter also examine the new preparatory offences that have been created in Article 287(1) of the Criminal Code of China to evaluate the harm justification for letting the criminal law cover mere preparatory acts. It tries to conceptualise some of the problems and justifications for applying pre-inchoate liability and omissions liability to cybercrime problems in Chinese law. Cybercrimes committed by groups can usually be dealt with by complicity liability. However, complicity liability cannot resolve all the imputation issues that arise when different players operate at different levels.
