Study On The Standardization Of The Implementation Of The List Of Exemption From Punishment In The Law Of Administrative Punishment

This paper takes the judicial application of the crime of refusing to perform information network security management obligations as the research object.By analyzing and comparing theoretical theories and relevant legislation,on the basis of combining judicial practice issues,it systematically sorts out the controversial issues in this crime and its related fields.Legal,reasonable,and reasonable responses to issues such as service providers,serious judgments,refusal to make corrections after being ordered to make corrections,and the form of the crime,will help the judicial application of this crime and achieve a just punishment.Apart from the introduction and conclusion,the main body of this paper is divided into four parts:The first part is an overview of the crime of refusing to perform the obligation of information network security management.The crime refers to the network service provider’s failure to perform the information network security management obligations stipulated by laws and administrative regulations,and refuses to make corrections after being ordered by the regulatory authorities to take corrective measures.The circumstances are serious.This crime belongs to cyber crime,omission crime,statutory crime,and crime that can be acted by a unit.The criminal object of this crime is the interests of information network security management and the order of information network security management.There are disputes in the academic circles on the nature of the order to correct the crime,the judgment of the seriousness of the circumstances,the judgment of the network service provider,and the determination of the form of the crime,which are worthy of careful study.The second part is the status quo of judicial application of the crime of refusing to perform the obligation of information network security management.The judicial application of this crime presents the characteristics of fictitious judicial application,lenient punishment and broad scope of obligations.Even if the number of judicial applications of this crime is rather sparse,it cannot be eliminated directly.The degree of seriousness of the infringement of legal interests should be investigated in detail,and the discretion of the penalty should be made based on whether the defendant pleads guilty or accepted punishment,actively compensates the victim for losses,and repairs the loss of legal interests after the event.Generally speaking,the obligations of network service providers have broad characteristics.The broad setting of the obligation to act makes the control measures of network service providers likely to be identified as violations of information network security management obligations,which is not conducive to the implementation of relevant network technology innovations.The third part is the judicial application of the crime of refusing to perform the duty of information network security management.There is an unclear problem in the determination of the serious circumstances of the crime,which is not conducive to the judiciary’s reasonable distinction between crime and non-crime.The connotation and types of network service providers also have certain disputes in the academic and practical circles,and the reasonable definition of its development is deeply related to the proper judicial application of this crime.The types of network service providers should be reasonably distinguished,so as to determine their respective information network security management obligations,and reasonably determine whether a unit or individual is a network service provider.The administrative order theory and the administrative guidance theory of the nature of ordering correction provide a reference for judicial organs to reasonably determine its specific nature,but the systematic improvement of the objective aspects of the crime of ordering correction cannot be ignored.The fourth part is the rational perfection of the practice of the crime of refusing to perform the obligation of information network security management.In a broad sense,a network service provider refers to a guardian who specializes in providing network information and communication services to the public and keeps the information trails left by users of the cyberspace "toll booths" shaped by them.Network service providers should be divided into several types: information access/transmission service providers,information cache service providers,information storage service providers,and information location(search,link)service providers.The higher the degree of involvement of network service providers in network communication,the more they should undertake relatively high security protection obligations,which includes information network security management obligations.It is necessary to gradually improve the serious elements of the crime on the basis of constantly summarizing judicial practice experience and combining the experience of theoretical research inside and outside the territory,specifically from the reasonable definition of illegal information,the reasonable definition of serious consequences,criminal evidence preservation and illegal information.Improvements have been made in the reasonable resolution of the deletion of contradictions and the reasonable definition of the bottom line.The content of the order to correct should be clearly defined,not only should it include the relevant information network security management obligations and the time limit for correction,but also the possible criminal penalties for failing to perform the above obligations.In a word,this article starts with an overview of the crime of refusing to perform the obligation of information network security management,roughly defines the criminal elements and related attributes of this crime,and then shows the current status of the judicial application of this crime and the problems behind it,so that it can be used for relevant investigations.Targeted improvement and improvement make a solid empirical basis.On the basis of combining theoretical viewpoints and relevant legislative experience,this paper puts forward some countermeasures and suggestions on the reasonable definition of the types and obligations of network service providers,the judgment of serious circumstances,and the improvement of ordering corrections,in order to ensure the proper judicial application of this crime.to provide some wisdom.