Judicial Determination Of The Crime Of Refusing To Fulfill The Obligation Of Information Network Security Management

Amendments(9)to China’s Criminal Law have added the crime of refusing to fulfill the obligation of information network security management.The creative focus of this crime on network service providers is a new attempt at the legislative level in China.At present,the academic community mainly studies the rationality of the new crime and the theoretical basis for the addition of the crime.In the specific practice,there are still major problems in the judicial application of the crime.Therefore,this article aims to clarify the boundaries and limits of the responsibility of network service providers,a special subject,in fulfilling their obligations,and analyze and interpret the judicial application of this crime in conjunction with the judicial interpretation issued in 2019.In addition to the traditional classification,network service providers have gradually created new types in judicial practice,and their obligations include obligations as and omissions.When he fails to perform his obligations,the regulatory authority will issue an administrative order for corrections.If the order is not corrected or the correction is not effective,it will be deemed to refuse to make correction.At this time,the administrative precondition of "regulatory orders to make corrections but refuses to correct" has been violated.If the network service provider objects to the order to correct,it shall provide them with remedies.The legislator stipulated the serious consequences that the crime may have,including three specific consequences and a consequence of a bottom nature,the determination of which will have a decisive impact on the conviction and sentencing of the crime.At the same time,this article also analyzes the subjective mentality of network service providers,and determines that the network service provider’s failure to fulfill its obligations is intentional.