The judicial deficiency in managing the crime of refusing to fulfill the obligation of information and network security management will damage the legal function.Hereto,there are mainly two viewpoints:for the cause of"being obliged to manage information and network security"and for the cause of"being ordered to correct but refuse to".The former is a key factor to enforce the act,while the latter is the decisive one.Thus,the logical path can be found as unclear criminal responsibility of Internet service providers-impossibility for regulators to enforce the obligations timely and properly-failure to act or irresponsibility of the regulators-refusal to perform the obligation of information and network security management.Therefore,the remedies and enforcement of the provisions should be"appropriate to the cause"in the theoretical,legislative and judicial consideration.
关键词
拒不履行信息网络安全管理义务罪/网络服务提供者/程序性构成要件/风险救济
Key words
crime of refusing to fulfill the obligation of information and network security management/Internet service provider/procedural constitutive elements/remedies
维普
万方数据