Criminal Law Analysis Of "Traffic Hijacking"

Since the 21st century,China’s internet economy has entered a period of rapid development,and the internet has become the primary carrier of many activities,such as information interaction,leisure and entertainment,quick payment and so on.At a time when the stickiness of network users has significantly enhanced,traffic is playing an extremely important media function.Against this background,the network center operation mode gradually leads to traffic hijacking.Traffic hijackers,traffic intermediaries and traffic buyers have formed a huge underground black traffic industry chain.Traffic hijacking has not healed for a long time,and it has become increasingly fierce.However,it mainly relies on civil relief and is on the verge of criminal sanctions for a long period of time.What is gratifying is that on December 25,2018,the Supreme People’s Court issued No.102 guiding case "Fu Xuanhao and Huang Zichao’s Case of Destroying Computer Information System".As the first criminal case of traffic hijacking,this case has a distinct precedent effect,and becomes the judicial benchmark for investigating the criminal responsibility of traffic hijacking in the future.However,from the perspective of criminal law doctrine,there are still many problems to be clarified.Should traffic hijacking be regulated by criminal law?How to characterize traffic hijacking from the perspective of criminal law?This has become two major difficult problems that can’t be circumvented when solving traffic hijacking reasonably.Technology cross-border behavior similar to traffic hijacking once again tests the adaptability of traditional criminal law to new types of cybercrime.Judicial practice has repeatedly proved that the traditional concept of criminal law lags behind,gradually breaking away from the intergenerational changes of cyberspace society and the new needs.The ultimate way to solve the difficulty of traffic hijacking is to improve legislation.In view of this,this paper attempts to clear the fog of appearance,explore the underlying real logic,clarify the legal attributes of website traffic,and clarify the basic meaning of traffic hijacking.Through in-depth analysis of the necessity and legitimacy of traffic hijacking,this paper tries to prudently propose a reasonable path choice for criminal law regulation of traffic hijacking,and further reflect on how to upgrade and integrate the legislative provisions of cyber crime.