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

With the increasing proportion of Internet crimes in overall crimes,providers of the network service,as special subjects,their absolute advantages over technology also make them bear more network management obligations,however,in practice,It is difficult to find applicable legal basis when a network service provider don't perform relevant management obligations,Therefore,the criminal law prescribes this behavior that the failure to fulfill the obligations of network management as a crime included in the crime,and establishes a separate offence,the main reason is that such inaction will cause many serious consequences,If it is not regulated,it will cause a serious threat to network security,the mega trends of governance of the network based on the world and the consideration of relevant policies has formulated this crime.In the absence of relevant laws,regulations and judicial interpretations,relevant scholars have disputes over the content of the crime's obligations,subject types,and subjective aspects.This article expound the four elements of traditional crime theory separately,combining different perspectives,study the issue of the crime.Firstly,the issue of the identification of the object of the crime is explored,and after the conclusion that the object of the crime has public characteristics,the specific connotation of the object of the crime is elaborated.Secondly,the objective aspect of the crime is identified,the discussion is specifically divided into five sections:the network services providers' types of acts and sources of obligations?analysis of the obligations of different types of subjects of this crime?incrimination standards of network security management obligations?administrative pre-procedures of "not implemented under supervision department's request to implement"?"Specific Dangerous results".through the connection with other laws and regulations,to define the meaning of different types of obligations,regulatory authorities and refusal to correct the crime,and the specific harmful consequences of this crime such as the understanding and certainty analysis of the user information and serious plot to clarify the scope of the crime;thirdly,analyze the different identification models of network service providers,and think that they should be divided into four categories based on the different functions of the subject of the crime;finally,the research on the identification of subjective aspects of network service providers,enumerate different views,think crime subjective aspect should be intentional,and analyze how to deal with illegal understanding errors,In the final chapter of this article,the identification of other aspects of the crime are discussed,such as the identification and punishment criteria of neutral help behavior about the crime,special forms such as the unfinished form and accomplice of the crime,and the distinction between this sin and other sins is discussed separately,with a systematic and comprehensive understanding of the crime.