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

Cybercrime is a form of crime based on the rapid development of network technology.The Criminal Law Amendment(IX)newly added the crime of refusing to fulfill the obligation of information network security managements,and criminalized the cyber service provider’s refusal to perform the information network security management obligation.There must be sufficient justification for the confession of the network service provider’s inaction.This basis is reflected in the network service provider’s obligation to prevent cyber violations,which has serious social harm and Based on the consideration of modernization policy.In the absence of a judicial interpretation of the crime and imperfect supporting laws and regulations,the scope of the network service provider,the content of the information network security management obligation,and the subjective aspect of the crime are intentional or negligent.There are many controversies in other areas.This paper explores the identification of the crime from the object,objective aspect,subject and subjective aspect,and analyzes the problems that may exist in practice.The cyberspace in the object of this crime should have the attributes of public management,specifically the power of the network management department to control and control the information of the public interest attribute in the cyber space.The objective aspect of this crime is manifested in three aspects: first,it fails to fulfill the information network security management obligations stipulated by laws and administrative regulations,and second,it is ordered by the regulatory authorities to take corrective measures and refuses to correct it.Third,it has caused serious consequences.At present,in China’s legal system,the number of laws and regulations on the content of network service provider information network security management obligations is complex,and the overall situation is relatively fragmented.The obligations of network service providers should be specifically related to information security protection obligations and general review obligations.,reporting and assistance obligations.The precondition for “refusal to correct” is that the regulatory authorities are ordered to take corrective measures.When understanding the regulations,they should adopt a method of limiting interpretation.The specific content of the corrective measures required to be ordered shall be related to the content of the obligations that the network service provider shall bear.This sin can only be constituted when the cyber-service provider has refused to correct thebehavior after the correction of the regulatory department has caused the statutory four hazard results.The “there are other serious circumstances” should be prudent when applied and should be coordinated.The corresponding judicial interpretation,if you can apply the first three kinds of harmful consequences,do not apply this stipulation clause to prevent the clause from being guilty of falling into the pocket.The purpose of typeifying the network service provider of this crime is to better consider its content and scope of responsibility.Network service providers can be divided into content service providers,technical service providers,and technical service providers.The subjective aspect of this crime is intentional.Considering whether the recognition error affects the determination of subjective intentions,the key factor is to judge whether the error is caused by the misconduct of the regulatory authorities,and whether it is possible to generate awareness based on the position of the network service provider under normal circumstances.error.Finally,the related issues in the judicial determination of the crime are studied,including the identification of sin and non-crime,the difference between this crime and his crime,the unfinished form of this crime and the accomplice of this crime,in order to be able to correct the crime.Understand and apply.This crime can only be established.If this crime cooperates with the crime of helping information network activities,the crime of infringing citizens’ personal information and helping to destroy evidence,it will be convicted and punished according to the punishment.