Refused To Fulfill The Difficult Problem Of The Crime Of Information Network Security Management The Study

The refusal to fulfill the obligation of information network security management is an offence for the newly added Criminal Law Amendment(9).Before the relevant judicial interpretation is issued,its understanding and application is an urgent problem to be solved.This crime is a unit crime.Its main body can only be composed of units.The form of sin can only be direct and intentional.The object of the violation of this crime is the state's network management order,and it is objectively represented as pure inaction.Judicial practice should focus on the characteristics of criminal constitution,accurately determine the sin and non-crime of refusing to fulfill the obligations of information network security management,the boundary between this crime and its offense,and correctly reveal the uniqueness of the forms of stop,joint crime,and form of crime.Traits.The full text is divided into four parts,the basic contents are as follows:This article is divided into four parts,about 40,000 words or so,its basic content is as follows:The first part of the paper is an overview of the refusal to fulfill the obligation of information network security management.First of all,the concept of refusing to fulfill the obligation of information network security management obligations is defined,and in the direction of form illegality and substantial illegality,the theoretical interpretation of the refusal to fulfill the obligation of information network security management obligations.Secondly,it points out that the criminal nature of refusing to fulfill the obligation of information network security management includes three aspects: cybercrime,unit crime,and omission crime.Thirdly,it analyzes the legislative basis for refusing to fulfill the obligation of information network security management obligations,and proposes that it has a legitimate basis for policy,regulation and facts.The second part of the dissertation analyzes the constitutive elements of the crime of refusing to fulfill the obligation of information network security management.In terms of criminal objects,the criminal object that refuses to fulfill the obligation of information network security management is the state's network management order.In terms of objective crime,online service providers are obliged to prevent the dissemination of illegal information,prevent the leakage of user information,and prevent the loss of evidence in criminal cases.The refusal to fulfill the obligation of information network security management is a real crime of inaction.In addition to the criminal law,it is required to possess the possibility ofavoiding possibility and result.In terms of the subject of crime,this crime is a pure unit crime,and the subject of its crime can only be an online service provider.Subjective aspects of the crime,the subjective aspect of the crime can only be direct and intentional.The third part of the thesis is the analysis of the forms of crime stoppages,joint crimes,and the number of crimes that refused to fulfill the obligation of information network security management.For the crime of stopping the form of this crime,we must first understand the crime.This article points out that when network service providers refuse to take corrective measures until the real danger of legal infringement occurs,they begin.Second,when the network service provider fails to fulfill the real danger of legal interests in the information network security management obligation,it is an implementation act.Third,for the sake of crime,network service providers do not fulfill the information network security management obligations stipulated by laws and administrative regulations,and it is a crime preparation to create conditions for criminal activities.Finally,the crime of the suspension of the crime,including the preparation of suspension,after the suspension of preparation and implementation of the suspension of the three situations.For the common crime pattern of this crime,it needs to analyze from the three aspects of the common crime subject,the common criminal behavior and the joint crime intention.Regarding the form of the number of crimes of this crime,the network service provider fails to perform the information network security management duties prescribed by laws and administrative regulations on many occasions.If the supervisory department orders it to take corrective measures and refuses to make corrections,no matter how many times it occurs,no matter how many kinds of statutory Serious plots can only be condemned.If the crime constitutes another crime at the same time,it shall be convicted and punished according to the heavier punishment.The fourth part of the thesis is the analysis of the criminal boundary of refusing to fulfill the obligation of information network security management.First of all,in the judgment of this crime and non-crime,it should be noted that only the network service provider can constitute the crime;whether it has been ordered by the supervisory department to take corrective measures and still refuse to correct it;whether it has caused serious consequences.Secondly,the key to distinguishing between this crime and the illegal use of information networks lies in the fact that the objective performance is different.This crime can only be constituted by inaction;the crime of illegal use of information networks is mainly manifested in the establishment of websites for the implementation of illegal activities,communicationgroups,and information on the release of illegal and criminal activities.Again,the key to distinguishing the crime from the criminal crime of helping cybercrime is that the criminal subject is different.This crime is a pure unit crime,which can only be constituted by network service providers.The criminal subject that helps the crime of cybercrime can be a unit or a general natural person.Finally,the most obvious difference between this crime and the crime of infringing on citizen's personal information lies in the difference in behavior.