拒不履行信息网络安全管理义务罪的两面性解读

Two-sidedness of the Crime Refusing to Fulfill the Information and Network Security Management Obligation

拒不履行信息网络安全管理义务罪的设立,开创了网络犯罪领域的合作治理,值得点赞。但是,由于主观构成要件的错误定位以及客观构成要件的不合理设置,导致了该罪与帮助网络犯罪活动罪关系的模糊以及规制范围的不当限缩,应当对此予以修正。在总体肯定该罪的同时,也应当保持适度理性,对构成要件进行目的性限缩解释。

The establishment of the crime refusing to fulfill the information and network security management obligation has changed the governance model. Specifically,the governance model in cyber crime has changed from single means（ merely relying on the government） to cooperative regulation. That is a point worthy praising. However,the misunderstanding with the subjective elements and the unreasonable setting of the objective elements of the crime lead to two problems. Firstly,we can not easily tell the crime from the crime of helping cyber crimes. Secondly,they limit the regulation scope of the crime. For all that reasons above,we maintain that the crime should be revised. Overall,we have to speak highly of the crime. Meanwhile,we need to stay rational and narrow its regulation scope.