Research On Difficult Problems Of The Crime Of Refusing To Fulfill The Obligations For Security Management Of Information Networks

With the rapid development of the Internet,the technology of modern information networks,such as large data,artificial intelligence,cloud computing and the Internet of things,has become an important means of management,development and innovation in all walks of life,such as finance,education,medical treatment,transportation and the government affairs.The Internet brings convenience to people,but at the same time it also raises a series of problems.The cases of crimes committed on the Internet occur frequently,such as network attacks and network viruses,data theft and data embezzlement,and even the infringement of the intellectual property,the spread of obscene articles,the spread of false information and so on.These crimes have brought great harm to the security of the country,the stability of the society,and the protection of the individual rights.Facing these illegal activities,more and more people realize the importance and the urgency of protecting the Internet security.Therefore,the amendment to the criminal law(9)has added the crime of refusing to fulfill the obligations for security management of information networks,and its aim is to restrain the behavior of network service providers who fail to fulfill the obligations for security management of information networks,punish the network crimes,standardize the network order,purify the network space,and further ensure thehealthy and orderly development of network service industry.However,there are still many theoretical disputes and practical difficulties in the application of the law in practice.How to properly regulate the behavior of network service and how to correctly understand and explain the legal application of this crime are undoubtedly the problem that we must face and solve in the Internet age.In view of these problems,we will focus on some of the difficult problems of this crime in this paper,so as to provide some suggestions for judicial practice.Besides introduction and epilogue,this paper is divided into three parts.The first part introduces the definition and classification of network service providers in domestic and foreign law,and the disputes among scholars about their classification.By comparing the legislative provisions of network service providers both at home and abroad,it is proposed that network service providers should be classified according to two steps.The first step,following the principle of service types and technical differences,network service providers are divided into three categories: network content service providers,network intermediary service providers and integrated service providers.The second step,the network intermediary service provider is further subdivided into network access and network platform service provider,thus a type of classification standard is built which can adapt to the current network service subject model and the future development trend.The second part focuses on the substantive judgment of the inaction of network service providers,discusses the sources of the network service providers' obligations for security management of information networks,and establishes their respective specific obligations,the criterion of possibility of action and the criterion of result avoidance possibility for different network service providers.In addition,the chapter also discusses the objective aspects of the requirements of the administrative pre regulation,defines the scope of the regulatory department,the judgment of the legitimacy and the rationality of the order,and the understanding of the "refusal to correct" in the provisions.The third part defines the four kinds of harmful consequences listed in the criminal law,including the understanding of illegal information,mass transmission,user information,serious consequences,the losses of evidence in criminal cases,serious circumstances,and the bottom of the pocket clause.Through specific analysis,we must ensure strict control of the crime threshold.Finally,the article makes adetailed analysis of the above controversial issues which are combined with a case of profit-making for the spread of obscene articles by the company.