Research On The Crime Of Refusing To Fulfill The Obligation Of Information Network Security Management

The crime of refusing to fulfill the obligation of information network security management is the new charges of "People's Republic of China criminal law amendment(nine)".Firstly,subject of crime,namely the concept of network service providers,as well as the difference between classification and network service provider to put forward the criminal law on the significance of the network service provider shall include units and individuals,divided into Internet access providers,Internet content providers,network service providers,network service providers is the concept;then the objective elements of the crime of illegal information spread and user information means,serious consequences of serious understanding,grasp analysis,in order to achieve a crime and crime relatively clear standard of effect;will refuse to perform,such as regulatory authorities,shall be ordered to perform their specific abstraction,does not fulfill the negative difference and actively perform,by the network supervision departments at or above the county level shall take written corrective measures ordered;and administrative law and related law,network security,to the Criminal Procedure Law Convergence,especially the present notice provisions of administrative regulations,the distinction between general illegal behavior and crime,involving the subject of the crime obligation of network security law,the burden of proof does not assume the right network jurisdiction in criminal proceedings and the establishment of the network service provider.Thus,to protect the modesty of the criminal law,rigorous and scientific,the legitimate rights of the internet service provider and the users can be protected by criminal law strongly.