On The Application Of The Crime Of Refusing To Perform Information Network Security Management Obligations

Since refusing to fulfill the obligation of information network security management,there has been a dilemma that cannot be actively applied in judicial practice,and it has even been classified as the "zombie law".The main reason is that the crime of new types of crimes is mainly comprehensive,and the understanding of judicial personnel in this crime is not comprehensive and profound,and related judicial interpretations have not fully explained the connotation and application of this crime.It is impossible to provide a good theoretical basis and applicable path for practical work,which leads to heavy obstacles in this crime in judicial applications.This article aims to be able to clarify the path for judicial personnel in the field of practice,clearly and more accurately identify this crime,and identify and re-determine the various elements of the existence of this crime,and provide the path of re-identifying this crime for practical workers.Breaking the dilemma of being idle for a long time,the applicable rate of appropriate crimes is appropriately increased.Through the judicial cases of this crime,in combination with different doctrines in the theoretical circles,the problems exposed in this crime are mainly the attributes,system positioning,and how to apply and subjectively crime in the form of "ordering measures to take correction measures and refuse correction".The scope of the obligation and legal circumstances of the network service provider is not uniform.Regarding the nature of the pre-procedure requirements,there are controversy of "theory of administrative attributes","prefixing administrative illegal theory","procedural composition theory","the theory of administrative preparatory elements" The system positioning of the system,there are constituent elements theory,sentencing plots,and objective punishment conditions;while the form of expression is concentrated in whether the administrative procedure should be written in writing and the specific content conveyed by the administrative procedure is different;"Speaking of intent","direct intention","negligence saying",and "fuzzy crime say" four different views;for the obligations of this crime,there are seven different obligations and types of obligations.Unity;there are many details of the four legal plots that need to be clear.The cases of this crime and different doctrines in the above-mentioned academic circles are compared to the doctrine,and the theory of controversial doctrine is analyzed,so as to understand the requirements for reasonable and compliance with the logic of criminal law,and resume the identification path of this crime.The nature of the "order to take correction measures and refuse correction" should be the element of elements of the programs before,because the request has administrative attributes,but if it is considered to have administrative attributes,it will seriously damage the criminal judgment.Independence should be used as an important part of the experience and restrictions on administrative regulations.It is only required to meet the criminal formal requirements without conducting criminal substantial judgments.The system positioning of this request should be an objective constituent element element.Although the pre-procedure is understood as an experienced program,it is also the constituent element of this crime and is objective.The elements play a role in "upper up and down".This element is a sign of the direction of legal benefits.It also requires the actor to have a certain understanding of it and have the characteristics and functions of constituent elements.The requirements of the administrative procedure of this crime shall be written in writing,and the content of "order" shall be as standard as possible.At this time,from the perspective of the interpretation of the text and the system interpretation,the subjective aspect of this crime should be intentional,and it should include direct intention and indirect intentions.The subjective aspect cannot be determined as negligence or only direct intentional,nor can it be identified as a vague crime.form.The scope of the obligation of network service providers can only be in line with the regulatory authorities to adopt the cooperation obligations of correction measures,because the network service provider does not have the right to manage the information network,and the monitoring of the information network belongs to the relevant national administrative department,so the network Service providers shall cooperate with the command of the regulatory authorities to undertake the obligation of such cooperation.The crime must also be established to be established,and it has further improved the threshold for crimes.In order to break through the deadlock,on the basis of the characteristics of cyber crime,the four statutory plots have also been appropriately expanded.