Study On The Difficult Problems Of Refusing To Carry Out The Information Network Security Management Obligation

The development of network technology is extremely rapid,then the proportion of cybercrime in the total number of crimes in the country is also growing.As a key link in the network operation chain,the network service provider plays an increasingly important role in the process of combating cybercrime with its advanced technology and takes on more legal obligations.However,due to the criminal law on the network service provider criminal liability is imperfect,more and more network service providers don’t fulfill the network security management obligations in practice,causing serious consequences of the situation is difficult to find a suitable legal basis to convict and sentence,the legislation has to consider to use the criminal law as the last barrier to play the effect of social governance.Therefore "The People’s Republic of China Criminal Law Amendment(9)"(hereinafter referred to as the "Criminal Law Amendment(9)" new Refused to fulfill information network security management obligations,that is "Criminal Law" one of the two hundred and eighty.The regulatory authorities ordered to take corrective measures to network service providers who in violation of information network security management obligations,and make it clear that the crime provisions to those who refused to correct.On the one hand,in order to purify the network environment,maintaining the normal network order,criminal law to develop the crime with the legislative expansion.But on the other hand,after all,the principal crime is not original sin,criminal acts in anomission way.In the judgment must be careful,so as not to expand the scope of the criminal law to combat.In the circumstances of relevant laws and regulations are not perfect,it’s difficult to judge the network service provider’s behaviors.Who are the network service providers? How does the scope of the network service provider be defined? What are the information network security management obligations of the network service provider? Can network service providers fulfill their obligations as information network management? Are subjective intentional or negligent?In order to solve these problems,we have to give a reasonable and careful interpretation of the law,then we can effectively prevent the expand of the scope of attack,so as to protect human rights.This paper is divided into four chapters.The first chapter,through the research and analysis,clear the refusal to fulfill the information network security management of the crime of protection of the legal benefits.The second chapter is the objective of the objective elements of the controversy in the relevant elements of the specific identification.The third chapter focuses on the scope of the subject of the crime was defined,and the main body of this crime to do a functional distinction,to further refine the obligations of different network services provider.The fourth chapter is the subjective aspect of the crime is intentional or fault analysis and judgment,and ultimately that the subjective aspects of the crime are intentional.