Research On The Crime Of Refusal To Perform The Duty Of Information Network Security Management

Because of virtual,non-direct contact with the network environment,the harm of cybercrime is increasing.The legal benefit of infringement extends from network security to public security and public order.Cybercrime not only breeds a lot of new types of crime,but also leads to the change of the form of traditional crime.In order to maintain network security and combat cybercrime,<The Criminal Law Amendment(nine)> has added a new crime of refusing to fulfill the obligation of information network security management.After the establishment of the crime,it has been widely discussed in the academic circles.Based on the theory of omission,scholars have analyzed the conditions of the crime.Scholars generally believe that the subjects should be classified by certain standards,and on the basis of different type of internet services analyses the obligations of internet services.This paper is divided into three sections,including 30000 words in total.First,by analysing the various national criminal law and combining the existing legal system in China,the paper summarizes the concept of internet services,in addition,classifies the subject by different standards;Second,according to China's current laws and administrative regulations,the paper summarizes the content of information network security management obligations;Third,the paper analyzes the information network security management obligations of each type of inter services.The second section analyses the objective elements of the crime.Analysing of the criminal law is to strengthen the application of the crime in judicial practice.First,the paper clears the objective elements of the crime and analyses the concept of "regulatory authorities" and the content and form of "ordered",on the basis of them,the paper writes the standard of the "refusal to perform";Second,it is about the determination of offence,then the paper focuses on the outcome of three specific results in criminal law.The third section discusses subjective elements of the crime.Through analysis other scholars' s opinions and contrast with other familiar crime,the paper demonstrates subjective elements of the crime.