Refused To Study The Crime Of Information Network Security Management Obligations

Due to the rapid popularization of computer technology and its widespread application in all aspects of our lives,today's society has become a network century in which "Skynet Recovery" has long since taken shape.The advent of the Internet of Things or the "Internet +" big data era has brought all our lives into full contact with the information network.Network security is an extremely important social issue that concerns the national security,public security,national property and citizens' property safety,personal life and information security.The state must increase the protection of information network security.In order to effectively manage the order of network security,our country has promulgated many laws and regulations on the management of information network security.Most of them have the nature of administrative laws and regulations as well as the provisions concerning the nature of criminal law.However,objectively speaking,the original legislation in our country is not enough to effectively crack down on complicated and complicated cybercriminal crimes.In view of this,as Article 286 of the Criminal Law,Article 28 of the "Amendment to the Criminal Law(IX)" newly adds the crime of refusing to perform the obligation of information network security management.This article based on the traditional four elements of refusing to perform the crime of information network security management to conduct a comprehensive analysis to clarify the line between crime and non-crime.This article starts from the object of crime,and on the basis of demonstrating the public property of cyberspace and combining with the provisions of Article 286 of the Criminal Law and the relevant provisions,draws the concrete connotation of the object of refusing to fulfill the obligation of information network security management.Is to analyze the objective elements of the crime,which is also the focus of this article.Through the connection with the relevant administrative law and cybersecurity law,the author defines the scope of the regulatory authorities and the two major objective elements of correcting them and refusing to correct them,especially paying attention to the pre-regulations of administrative regulations and distinguishing general illegal behaviors And criminal behavior,and the mass dissemination of illegal information,the meaning and disclosure of user information,the serious consequences of understanding,grasping the circumstances of thequantitative analysis,in order to achieve the standard of guilty and incriminating the effect of a relatively clear;Thirdly,from the point of view of the related normative documents and the related viewpoint of our country's academic circles,the criminal subject of the crime starts again with the concept of network service providers,the classification and the difference with the network service providers,and proposes the network services in the sense of criminal law Providers should be divided into network access service providers,network content service providers,network platform service providers;from this is to analyze the subjective elements of the subject of crime,argue criminal subject should have deliberate subjective elements,and analysis of the main There are different handling modes in the case of illegal knowledge.Finally,the author analyzes the state of crime without accomplice,the mode of accomplice responsibility and the jurisdiction over the procedure,so as to be able to give a comprehensive and detailed account of the refusal to fulfill the obligation of information network security management.