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

With the advent of the information society,people are bringing with them rich,convenient,fast and wonderful lives,but also bring risks.Among them,the use of information networks to carry out criminal activities,such as the use of information networks to insult or insult others,disseminate terrorist or false information,and conduct telecommunications fraud and other criminal activities,have shown high incidence in recent years.In order to maintain the security of the national information network and implement the criminal policy of “playing early and playing a small role” for cybercrime,“The Amendment ? to the Criminal Law of the People ' s Republic of China” passed by the Standing Committee of the Twelfth National People's Congress on August 29,2015,“Gatekeepers”—Internet service providers refusal to perform information network security management obligations and knowing that others use the information network to carry out criminal activities are still included in the scope of criminal law regulations and are independently criminalized.In order to better understand the crime and apply the law correctly,we must first define the definition and characteristics of the crime and examine its strict domestic and foreign legislation.Among them,the principl e of liability restriction and the conditions for the exemption of liability for most of the criminal liability of internet service providers abroad are stipulated,and it is worthy of our country's legislation to learn from it.Secondly,this article discusses the object of the crime of refusing to perform the obligation of information network security management,the main manifestation of the objective aspects of the crime,the subjective aspect of the crime and the subject of the crime,analyzes the boundary between crime and non-crime,studies the problem of criminal pattern and complicity.Besides,this article also compare the boundary between this crime and the Crime of Helping Information Cybercrime,the Crime of Misleading Military Secret,and the crime of disseminating of pornographic material for profit,clarify the scope of application of the crime in judicial practice.Finally,it puts forward the suggestion that China's administrative legislation and criminal judicial interpretation should fill the legislative blank of this crime.