| At present,China is in the era of highly developed digital economy,and at the same time,it is also in the period of frequent occurrence of Internet crimes.As a new type of network crime with the development of Internet information technology,traffic black and gray crime has emerged a variety of new crime modes in the process of innovation and development of information technology,and has also become the crime of fraud The crime of illegal business operation and the crime of destroying computer information system are the high incidence areas,and the adverse consequences are frequently seen in the newspapers.On the basis of determining the scope of the concept of traffic black ash production crime,through the analysis of empirical research method,study the main modes,types and characteristics of traffic black ash production crime,and study the governance difficulties of this kind of crime.Based on this,find the governance path of traffic black ash production crime from the institutional level,scientific and technological level and social level,Scientifically and effectively crack down on and control traffic black and gray production criminals to ensure the cleanness and prosperity of China’s Internet environment.This research is carried out according to the above ideas,and the research is divided into three parts:The first part combs and analyzes the general situation of traffic black ash production crime.Starting from the upper concept of network black and gray production,determine the concept and scope of traffic black and gray production crime;Analyze the main crime modes and divide them into registration account,temptation click and other types;Combined with the empirical research method,summarize the criminal charges involved in this kind of crime;Summarize the characteristics of this kind of crime from three aspects:criminal subject,criminal objective and judicial application.The second part analyzes the Governance Dilemma of this kind of crime.At the level of institutional governance,the crime governance has the dilemma of lack of unified supervision system and insufficient criminal law regulation;At the level of technology governance,it has the dilemma of single governance means and insufficient utilization of emerging technologies;At the level of investigation governance,there are investigation difficulties such as intelligence collection and clue tracking;At the level of thinking concept,Internet individuals,Internet platforms and regulatory authorities have different conceptual dilemmas,which affect the governance of this kind of crime.The third part puts forward the path assumption of system improvement based on the general situation and Governance Dilemma of traffic black and ash production crime.From the perspective of administrative supervision system and criminal law regulation,this paper puts forward the improvement path of governance system;Improve the level of investigation from the perspective of expanding the source of clues and improving the level of evidence collection;Improve the level of scientific and technological governance from the perspective of strengthening the application of emerging technologies and the training and application of scientific and technological talents;This paper puts forward the path of strengthening social governance from three perspectives: flow view,vocational training and evaluation system. |