The Study Of Refusing To Fulfill The Obligation Of Information Network Security Management Crime Issue

The 9th Amendment to the Criminal Law of PRC adds the Crime of Refusing to Perform the Information Network Security Management Obligation,and the newly issued Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues concerning the Application of Law in Handling of Criminal Cases Involving Illegally Using of Information Network or Providing Aid for Criminal Activities in Relation to Information Network provides a systematic and comprehensive regulation on conviction.From a microscopic perspective,this paper finds the latest problems and solve it.The subject of this crime is the Internet service provider,laws and scholars classify them in different ways,this paper refers to their methods to decide on the capabilities of Internet service providers as the criteria.The obligation of network security management of Internet service providers is not specified in the criminal law.This paper tries to find out the obligation of this crime by summarizing the laws and regulations.According to the technical control ability of network service providers to reasonably assign obligations,to ensure that their capabilities and obligations match,so as to form a good regulatory system to jointly maintain information network security.The part of "correction instructed by regulatory authorities",combines with the administrative law.This paper defines its properties and addresses the remedy for this crime.Moreover,the identification of the omission of Internet service provider is limited.At the same time,this paper finds that there are specific problems in the results of this crime and draws a reasonable conclusion.