关键词: 搜索引擎, 深度链接, 技术中立, 共犯正犯化

Abstract: The “server standard” rather than “user perception standard” was adopted to identify the nature of deep link behavior in terms of copyright laws. As a result， deep link is not regarded as an act of Internet-based information transmission. Starting from this view， deep link behavior of search engines cannot be directly punished for infringing upon copyrights. In fact， the accomplice theory was taken into account to criminalize it before the Amendment Ⅸ to the Criminal Law was enforced， but there are many obstacles when it is identified as a unilateral accessory crime. These responsibility barriers seem to break because of the addition of the new crime， but from the ideal perspective， the regulation of deep link behavior of search engines should be cautiously introduced into the current criminal law in that it is too rash to construct the legislative mode of accomplice perpetrators， which will completely abandon the principle of technological neutrality， break the interest balance between copyright owners and the public， and violate the modesty principle of the criminal law.

Key words: search engine, deep link, technological neutrality, accomplice perpetrator