On the Invalid Provisions of the Crime of Refusing to Fulfill the Obligation of Information and Network Security Management and its Remedies
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.
crime of refusing to fulfill the obligation of information and network security managementInternet service providerprocedural constitutive elementsremedies
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维普
