Research On The Crime Of Refusing To Fulfill The Obligation Of Information Network Security Management

In order to meet the needs of network space order governance under the complex situation of high incidence of network crime,the 2015 criminal law amendment added the crime of refusing to perform the obligation of information network security management.In essence,the addition of this crime establishes the governance mode of Network Co-governance with reference to the international common practice,and on the basis of the existing "principal offender responsibility" and "accomplice responsibility",innovatively increases the "omission responsibility of network platform".The introduction of the judicial interpretation of network crime in 2019 makes some focus issues of the crime be concerned again.First of all,the introduction of "explanation" leads the subject identification of Internet service providers out of the dilemma of focusing on macro concept and ignoring type division.After abandoning the past practice of only establishing definitions,setting classification standards and accurately classifying network service providers,because different types of network service providers play different roles in network activities and have different levels of management and control capabilities,we can build a corresponding hierarchical reasonable and orderly obligation system based on this,so as to clarify the scope of their responsibilities.Secondly,by clarifying the basis of the recognition of the obligation of omission from the two aspects of form and substance,analyzing and summarizing the existing legislative achievements and the areas that need to be improved,this paper attempts to explore a new legislative design;combining with the theory of guarantor,it clarifies thesource of substance,and then deduces the legitimacy and rationality of the obligation of omission.Thirdly,in view of the vacancy and loophole in the operation mechanism of the current order to correct the procedure,through the system design of the reference of the existing system,to promote the connection between this extremely important procedure and the relevant system of administrative law in the process of identifying this crime.Finally,on the basis of the interpretation,some concepts,definitions and categories that are specific to the crime or have special meanings in the context of the crime,such as "illegal information" and "user consequences" in the legal punishment conditions of the crime,are explained.While ensuring strict restrictions on the entry threshold of the crime,it can also be reasonably explained in the current emerging network environment.