“快播案”的出现引起了学界对于网络技术开发运用涉及的“中立行为”的讨论,司法审判中认定为传播淫秽物品牟利罪实为不妥,本文通过对中立帮助行为与刑法修正案九第29条的分析,以期保证罪责刑相适应,并使法律在犯罪控制与互联网创新中取得平衡。 The emergence of the “Fast Filming” caused the academic circles to discuss the “neutral act” involved in the development and application of network technology. In judicial judgment, it was considered inappropriate to disseminate the crime of obscenity profit. In this paper, Article 29 of the Amendment to Criminal Law No. 9, with a view to guarantee the conformity of criminal liability and punishment, and to make the law strike a balance between criminal control and Internet innovation.