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

In the context of today's information age,smartphones are becoming more popular,mobile clients are booming,big data and cloud computing technologies are becoming more mature,and the Internet of Things and Internet + technologies in the big data era are making it possible for people to buy,shop and live online.While the information network enriches people's social life,it also brings many risks and challenges.Crimes committed in this field are extremely harmful to society.At the beginning of this century,cybercrime simply used the internet as a criminal tool,and today's online and offline interactive crime models have led to a geometric increase in the number of cybercrime and a social harm.In addition to providing technical support,network service providers play a powerful management function.The degree of control in the flow of infrastructure information has become stronger,and it has gradually become the center of cyberspace power.If network service providers do not actively perform or are waiting to fulfill their network security management obligations,or even be driven by interests,they will deliberately condone third parties to commit criminal acts,and facilitate illegal and criminal activities,there will be no way to talk about network security.Therefore,a responsibility investigation system should be established for individual Internet users,governments,and network service providers to take responsibility for preventing traditional crimes from being networked,curbing new types of cyber crimes,protecting private information of Internet users,and maintaining network security.In the network society,the accountability system is manifested in that netizens,governments,and network service providers each assume their respective responsibilities.The identification of criminal liability of network service providers has become a key part of cyberspace governance that cannot be avoided.The Criminal Law Amendment(9)responds to concerns,breaks through the traditional theories of cyber crime,creates pure cyber crimes,and addresses the criminal responsibility of network service providers by adding crimes that help information cyber crimes and refusing to fulfill information cyber security The crime of management obligations is designed to investigate the criminal responsibility of network service providers.The crime of helping information network criminal activities aims to investigate the behavior of network service providers to help cyber criminal activities.The crime of refusing to perform the obligations of managing information network security is aimed at cracking down on the provision of network services.Omission of a crime.The guilt of the law on this crime is described as "the network service provider fails to perform the information network security management obligations prescribed by laws and administrative regulations,and has been ordered to take corrective measures but refuses to correct them".However,the scope of network service providers has not been clarified by the legislature,the connotation of network security management obligations is unclear,there are no clear standards for performance of obligations,and the "criteria for refusing to make corrections after order" judgment standards,leading to refusal to perform information network security Since the introduction of the crime of management obligation,the number of judgments in the judicial judgment was only a single digit,and it was once reduced to a zombie clause.With the above problems,the author first took the key core network security management obligations of this crime as the starting point,combed the typed doctrine contention of the main network service providers of the network security management obligations,and concluded the essential role of network service providers.Positioning is the conclusion of the guarantor,quoting the relevant theory of "guarantor",and drawing the conclusion that the main body of network security management obligations should return to the legal benefits protected by this crime,that is,all network service providers that undermine the legal protection of this crime should It is included in the subject of the criminal responsibility of this crime,and the network service providers are typed according to the specific protection legal benefits.After clarifying the subject of network service providers,the content of network security management obligations needs to be analyzed in depth.Before analyzing the content,we must first clarify that the nature of network security management obligations is legal obligations and action obligations.Furthermore,it reviews the academic doctrine of network security management obligations,reviews various theories in order to synthesize the advantages and disadvantages of various theories to obtain new thinking,and combines the problems highlighted in the application of this crime to implement the method of determining the content of network security management obligations.On the dynamic confirmation,in order to achieve the administrative adhering to this crime,to adapt to the rapid development of information networks,to the laws and administrative regulations,the network security management obligations of network service providers are constantly updated.Relevant content of "correction ordered by the regulatory authority to take corrective action" has become a substantive requirement for the conviction of a network service provider.Therefore,in order to reasonably apply this crime,efforts must be made to establish standards for performance of network security management obligations and standards for breach of obligations.Accurately identify the network service provider as refusing to make corrections.In the case where the law is relatively simple,a judicial interpretation of the application of the crime of refusal to fulfill the obligations of information network security management opens a channel of interpretation to make up for the ambiguity in the application of this crime.