On The Determination Of The Crime Of Refusing To Perform The Duty Of Information Network Security Management

The crime was established to combat the damage of information network security,public interest and national security by some network service providers for personal benefit,resulting in the deterioration of cyberspace and serious damage to public interest.However,the subjective and objective aspects of the crime and the standard of incrimination are not mature and perfect.Like many preliminary legal provisions,there are some disputes,which lead to some problems in its understanding and application in judicial practice.Therefore,we should further refine this crime and let it play its due role.Starting from the basic concept of this crime,a comprehensive and detailed analysis of the main and objective elements of this crime and some difficult problems in judicial practice.The article is divided into five parts.The first part elaborates the concept of this crime and its legislative background and significance.The reason why it is placed in the first chapter is that this part of the content is the basic premise of studying this crime.The basic concept of crime and the original intention of legislation can better in-depth discussion of this crime.The second part of the author analyzes the definition of "network service provider" from the two dimensions of China's relevant legal regulations and the opinions of academic experts and scholars,and combines them on the basis of not violating the principle of humility in criminal law.National interests and public interests have put forward relevant suggestions for the division of "network service providers".At the same time,the information network security management obligations are divided according to the capabilities of the "network service provider",business scope,and necessary limits.The third part is to explore the problems arising from the prerequisite clauses of this crime and the necessity of its existence,and put forward relevant suggestions to cancel the "pre-ordered refused to correct" prerequisite clauses.In the fourth part,the author analyzes,summarizes and summarizes the identification of the four types of harmful results in the objective constituent elements of this crime,and clearly and clearly explains under what legal circumstances it will constitute this crime.In the fifth part,the author combines the views of experts and scholars in the academic circle to fully analyze and demonstrate the subjective illegal elements of this crime,and believes that this crime should be a crime of negligence.Finally,I hope that the research in this paper can provide some help or reference for the determination of this crime.