Journal of Northeastern University(Social Science) ›› 2020, Vol. 22 ›› Issue (5): 73-80.DOI: 10.15936/j.cnki.1008-3758.2020.05.010

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On the Information Network Security Management Obligations of Network Service Providers——Focusing on the Relative Independence of Criminal Illegal Judgment

ZOU Yu-xiang   

  1. (School of Law, Jilin University, Changchuan 130012, China)
  • Received:2019-09-27 Revised:2019-09-27 Online:2020-09-25 Published:2020-09-17
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Abstract:

The definition of the scope of the information network security management obligations of network service providers directly determines the penalty boundary for the crime of refusing to perform the information network security management obligations. The existing exploration routes are not fully combined with relevant provisions of laws and administrative regulations and thus detached from prepositional laws. The crime of refusal to perform information network security management obligations is a statutory offense with blank clauses, and should be based on the relative independence of criminal illegal judgment, filtering and screening prepositional laws that have criminal law value according to the standard protection purpose of this crime. Only in this way can we reasonably avoid improper intervention of prepositional legal norms in the field of criminal law and make the punishment boundary of this crime clearer.

Key words: crime of refusal to perform information network security management obligations, information network security management obligations, relative independence of criminal illegal judgment

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