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

It has been 50 years since the birth of Apache,the predecessor of the Internet in 1969,and the development of the Internet has greatly exceeded everyone’s expectations.In this information age,the development of the Internet promotes social progress,from online shopping to online video education,and the rapid development of takeaway industry greatly facilitates our lives.However,while the network provides us with convenience,it also brings about negative effects.More and more cybercrime is growing,and the traditional supervision model is not able to cope with the impact of cybercrime.In view of this,the Amendment to the Criminal Law(IX)establishes the crime of refusing to fulfill the obligation of information network security management.The establishment of this crime incorporates the inaction of network service providers into the scope of criminal law,hoping to improve their status to respond to the current situation of network crime.But whether this legislation is effective or not needs further theoretical analysis and practical investigation.This article is divided into four parts.The first part elaborates the concept,legislative background and legislative purpose of the crime of refusing to fulfill the obligation of information network security management.The second part firstly analyses the common article of this crime,that is,what is the network service provider,what is the information network security management obligation,the scope of the supervision department and the connotation of the order to refuse to correct one by one,and then discusses the non-common condition of this crime,that is,the element of result.The third part discusses the identification of this crime in judicial practice,mainly the boundary between this crime and that crime,the form of crime and cognitive errors.The last part will focus on the development of the criminal responsibility system of network omission assistance from a macro perspective,and analyze it from the perspective of perfecting the existing charges and expanding the criminal responsibility,hoping to make a little contribution to the establishment of a perfect criminal responsibility identification system of network omission assistance.