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

The "Criminal Law Amendment(9)of the People’s Republic of China" sets up the "crime of refusal to perform information network security management obligations",and the Internet management obligations undertaken by the entities providing Internet services have become the object of criminal law adjustments.This measure provides a powerful guarantee for the healthy development of my country’s network industry and the maintenance of the security and stability of my country’s Internet information,and it also reflects my country’s attitude and determination in cyberspace governance.In the process of judging this crime,it is necessary to satisfy Zeri,who,as the subject of the crime,failed to perform the legal obligations and resisted the rectification of the administrative organs,and caused serious legal consequences.Among them,the "corrective measures ordered by the supervisory authority to refuse to correct" in this crime is a procedural element of this crime,which has certain legislative value and application purpose.It is a constituent element of this crime and should be carried out by the criminal justice agency.It is clear,but the description of this element in the criminal law has a greater generality,and the judicial interpretation lacks specific and feasible judgment standards for the description of this element.The criminal law’s standardization of procedural elements makes this crime insufficient in its application,and it may be imaginary.This article will address the issue of unclear procedural elements and the negative impact on the crime,establish the nature of the procedural elements in the crime,and clarify the criteria for judging the procedural elements in criminal justice,so that the crime can be improved.To achieve its legislative purpose of maintaining Internet security.This article is divided into four parts: The first part outlines the procedural elements of the crime,clearly expounds the connotation and characteristics of the procedural elements,and at the same time clarifies the role of the procedural elements in criminal legislation and the legislation that legislators set the elements.purpose.The second part analyzes the purpose of setting up the procedural element in the crime,and points out the shortcomings of this element,that is,the element is difficult to achieve the expected application effect in judicial practice,and the problem caused by the application of this crime.Negative effect.The third part analyzes the criminal policies that legislators follow when legislating information network security through the establishment of the crime,and clarifies the basic principles that should be followed when criminally responsible for providing Internet services.The basic principle of the regulation of the procedural elements of crime.In the fourth part,while clarifying the status of procedural elements and the basic principles they follow,the relevant elements in this element are clarified to determine the specific criteria for judging the procedural elements in the criminal justice process,and to eliminate procedural factors.Unclear elements have a negative impact on the crime.