Research On The Crime Of Refusing To Perform The Obligation Of Information Network Security Management

The tide of the Internet era has brought earth-shaking changes to people’s lives,benefiting the public,but also brought about endless cyber crimes,in order to strengthen the supervision of cyberspace to maintain the order of information network security,China has followed the pace of the times to speed up the pace of legislation,in the "Criminal Law Amendment（IX）" added the crime of refusing to perform information network security management obligations.The crime intends to rectify the inaction of network service providers from the level of criminal law,and urge network service providers to actively assume responsibility for the supervision and governance of cyberspace in their daily business operations,but because there are many details of the crime in the provisions of the law,there are no clear provisions on the specific classification of network service providers,subjective mentality and other elements of the crime,and there are many controversies in the academic community,so there are difficulties in application in judicial practice,and it is necessary to focus on the Supreme People’s Court,The Supreme People’s Procuratorate’s Interpretation of Several Issues Concerning the Application of Law in Handling Criminal Cases Such as illegally Using Information Networks and Aiding Information Network Criminal Activities,as well as other laws and regulations,draws on foreign experience to further clarify and improve the legal provisions of the crime,clarifies the scope and obligation of the subject of the crime by setting unified standards to type the subject of the crime,analyzes and studies academic theories to clarify the form of the crime,the protection of legal benefits,the specific harmful consequences,and the form of the crime,so as to achieve an effective distinction between crime and non-crime.The effects of this crime and the other crime are targeted to solve the specific problem of the low application rate of this crime in judicial practice,more effectively combat cybercrime,achieve legislative objectives,and effectively ensure the safe and smooth operation of cyberspace.