A Study On The Crime Of Refusing To Perform The Obligation Of Management That The Security Of Information Network

In 2015,our country promulgate d the "criminal law amendment case(9)",set the crim e of refusing to perform the obligation of management that the security of information network,it has been clear about the act of om ission criminal responsibility of the network service providers.This crime has been sounding the alarm for the mentality of the network service providers,prompting they enhance the supervision and management ability,at the same time,fulfill the statutory obligations,so as to prov ide agua rantee for China's security of information network.But,after all,under the condition of this reality,the author studied the crime.This article on the structure,besi des introduction and conc lusion,on the whole is divided into four parts,nam ely the overview,constitutive elements of crime,the judicial cognizance and the existing problems and improves:Part one:the overview of the crime of refusing the obligations of m anagement that the security of information network,mainly introduces the legislative background and concept of this crime.Due to the rapid development of the Internet,it brought very great convenience for people's communication,inform ation and other as pects,at the same time,it has becom e a criminal violation platform and tools.At the present,the security of information network has become a very generally serious social security problem in our country and even all over the world is facing.Maintenance the security of inform ati on network is the obligation of all information network participants,especially the network service provi ders of the key unit operation of the network society,because they behavior can affect the public of all network activity directly,their Non-action is to expand the consequences of illegal behavior.Therefore,we cannot ignore the regulation of crim inal law,which is also m issing in the before the criminal law of our country.So,the "criminal law amendment case(9)"increasing the crime of refusing to perform the obligations management that the security of information network,it makes up for the lack of previous legislation.And the author on the basis of the provisions of the criminal law,defying this crime as:it is the behavior that the network service providers refuse to perform the obligation of m anagement that security of information network in the laws or adm inistrative regulations,through the culture adm ini strati ve department and the public security organ shall be ordered to take corrective measures still refused to correct them regulations set by the information network security management duties by the adm inistrative department of culture and the public security organ shall be ordered to take corrective measures,and still refuses to correct,so cau sed the ille gal information spread in great quantities,or make the user 's information leak,cause serious results,or make the criminal case evidence cause loss,the circum stances are serious,or other dam age of the national information network security,the circumstances are serious.Part two:The constitutive elements of the crime of refusing to perform the obligation of management that the security of information network,mainly from the four parts of object,objective aspect,subject and subjective aspects,to introduce this crime.The object of this crime,it is a sim pleobject,namely the state of the management system that the s ecurity of information network,the specific perfor mance of the network service provi ders fails to take effective measures and eventually caused the security of inform ation network has been severely damaged;the objective as pect of this crime,the author mainly from the "illegal","refused to correct" and "legal consequence" these three aspects to discussed;for the subject of the crime,individuals and units all can become the subject of the crime,but because th e special subject,which is only lim ited to the network service providers;Subjective aspect of this crime must be intentional.Part three:the judicial identification of the crime of refusing to perform the obligation of management that the security of inform ation network,mainly from-the crime and not crime,this crime and other cr imes,incomplete crime patterns and quantity of crime-four aspects are discussed in this paper.The author make the distinguish between this crime with technology neutrality acts and civil tort;In this crime and other crim es,introduced the differences and similarities of this crime and the crime of help criminal activity information network;In incomplete crime patterns,as a result of this crime is committed as a result,so no unaccomplished state;In quantity of crim e,mainly related to the crime and terro rist deliberately spread false information,help the crime of destroying evidence,illegally provide citizens' personal information to the imagination of concurrence.Part four:the problem s and improve of refusing to perform the obligation of management that the security of inform ation network,mainly aimed at the three p roblems of the flaw of the information network security management in our country,the legal consequences are lack of clear s tandards and the scope of this crime subject of legal responsibility is not clear,put forward the feasible suggestions,in order to ensure this crime in the judicial practice to be accurate.