This paper focuses on the improvement of the stipulation of the crime of refusing to perform the obligation of information network security management.The topic is based on the practical issues of the crime,which has ...This paper focuses on the improvement of the stipulation of the crime of refusing to perform the obligation of information network security management.The topic is based on the practical issues of the crime,which has caused the disputes over the necessity of the establishment and rationality of the constitutive requirements of the crime.Through the analysis of reality,politics,norms and value,the reasons why many practical issues emerge are found in improper setting of content of the crime.The Interpretation on the Application of Law in Criminal Cases of Illegal Use of Information Network and Assisting Criminal Activities of Information Network cannot break the line to solve the essential problems existing in the crime.The only solution is to improve the content of the crime through modifying the law:to delete the order element,restricting the subjective aspect to negligence,and to amplify the scope of the harmful results.展开更多
文摘This paper focuses on the improvement of the stipulation of the crime of refusing to perform the obligation of information network security management.The topic is based on the practical issues of the crime,which has caused the disputes over the necessity of the establishment and rationality of the constitutive requirements of the crime.Through the analysis of reality,politics,norms and value,the reasons why many practical issues emerge are found in improper setting of content of the crime.The Interpretation on the Application of Law in Criminal Cases of Illegal Use of Information Network and Assisting Criminal Activities of Information Network cannot break the line to solve the essential problems existing in the crime.The only solution is to improve the content of the crime through modifying the law:to delete the order element,restricting the subjective aspect to negligence,and to amplify the scope of the harmful results.
