The Crime Of Refusing To Perform The Obligation Of Information Network Security Management

Responding to the increasingly serious cybersecurity issues,it is necessary to set the crime of refusing to perform the obligation of information network security management through criminal legislation,in order to regulate the inaction of network service providers.This is in line with the current major trend toward network security governance around the world.The criminal object of the crime of refusing to perform the obligation of information network security management shall be the state's management system for network information security.The objective criminal manifestation of the crime of refusing to perform the obligation of information network security management shall be failing to perform the obligations stipulated by laws and administrative regulations and refusing to make corrections after receiving the notice from the regulatory department,causing legal harmful consequences.Therein,refusing to make corrections is the act of perpetrating,which links the administrative and criminal responsibility of the network service provider.The criminal subject of the crime of refusing to perform the obligation of information network security management is the network service providers,which should be defined in a broad sense and divided into access service providers,content service providers,platform service providers,and comprehensive service providers.The subjective criminal manifestation of the crime of refusing to perform the obligation of information network security management can only be the deliberate nature,whether direct or indirect.The subjective manifestation shall not be deemed as only include direct intentionality or negligence,or as the ambiguous faults involved in both intentionality and negligence.The conviction of the crime of refusing to perform the obligation of information network security management is inseparable from the legal harmful consequences.The legal harmful consequences is an important criterion for convicting the crime,as a kind of consequential offence.Although the crime of refusing to perform the obligation of information network security management is a true omission,there is still the possibility of being in attempt,preparation or suspension,which deserves administrative punishment or other means,rather than criminal penalties.Other cybercriminals and cyber service providers show one-sided accomplice relationship.For other cybercriminals,the punishment principle is to identify them as one-sided accomplice,that is,the conviction of joint crime and other related crimes.For network service providers,the criminal responsibility will be investigated separately,and the crime of refusing to perform the obligation of information network security management will be convicted.The imaginative joinder of offenses usually happens to the crime of refusing to perform the obligation of information network security management and the crime of deliberately spreading false terrorist information,the crime of violating commercial secrets and the crime of helping destroy evidence in behavior,and the felony will be decisive for the punishment.The crime of refusing to perform the obligation of information network security management mainly differs from general inaction of civil infringement in behavior establishment condition,subjective attitude and harmful consequences.It also shows major differences with other criminal offences such as the crime of illegally using information networks,the crime of infringing citizens' personal information,the crime of helping information cybercrime,and the crime of helping to destroy evidence in objective criminal manifestation and criminal subject.