Research On The Crime Of Rejecting To Fulfill Obligations Of Information Network Security Management

In view of the unique and important role of network service providers in network activities,effective regulation over them on information network security management becomes the key to safeguarding network security.In 2015,China officially approved the Amendment of criminal law of the people's Republic of China(nine)that added the crime of rejecting to fulfill obligations of information network security management and started to regulate activities of network operators.However,provisions in the Law cannot meet the needs of practical application and request further and detailed stipulation.This paper made an in-depth exploration into this crime,and divided into four parts.The first part:Analysis of constitutive characteristics.This article collected some viewpoints describe the object from different levels as not fulfilling obligations of information network security management.The author proposed her own opinions.The key components of this crime were clearly presented while potential applying problems of the terms were found by comparing viewpoints.The second part: Judicial determination for the crime.In order to further identify this crime,this paper distinguished crime from non-crime and compared similar crimes such as dereliction of duty and illegal manipulation of information network so as to discuss the main boundary between crime and non-crime.The third part: Legislative defects for the crime.this crime mainly include ambiguous standards of accomplished offence caused by some confused contents and terms that require further specification and explanation,insufficient penalty intensity and types.In order to compensate these defects,the author suggested to decide whether the providers perform “negative action” using the propagation curl of illegal information,or to confirm the quota of correlative varieties by referring to existing terms.The fifth part:Propositions of improvement for the crime.In order to improve awareness of responsibilities of network service providers in a better way while not extensively restricting their activities,the author recommended to add situations of “exceptionally harmful” or “exceptionally serious circumstances”to expand the range of statutory sentence,the punishment against qualification for reentry restriction,and new crime of deliberately violating obligations of information network security management to differentiate the dereliction act in the early period of this crime,and to establish legal regulation and instruction for “recidivism” and recommission of the crime after many times of administrative punishments.