Research On The Criminal Law Regulation Of Hijacking Network Domain Name

The Internet domain name is produced with the development of the Internet,and cannot exist independently of the Internet.Due to the rapid development of e-commerce and digital economy,the Internet has become a field for information storage and retrieval.How to find relevant information on the Internet requires the use of network domain names to achieve this purpose.Because of this,the criminal act of hijacking network domain names has arisen in the Internet space,and the hijacking of network domain names has become one of the main means of illegal activities in the Internet field.my country’s current "Criminal Law" does not clearly stipulate the hijacking of network domain names,so that the judicial practice department lacks a unified identification standard for such cases,resulting in the phenomenon of "different sentences for similar cases";Moreover,it also causes damage to the rights and interests of domain name owners.In particular,the hijacking of network domain names also involves different degrees of harm to the rights and interests of network users.Internet domain names are similar to trademarks,they represent goodwill to a certain extent,contain huge commercial value,and have the value of criminal law protection.Although the academic community has initially formed a consensus on the criminal law protection of network property interests such as domain names,there are still problems in legal application and value determination.There are discord,especially in the criminal law regulation of hijacking network domain names,there are still legal loopholes.Therefore,the criminal regulation of the hijacking of network domain names has become an important subject in the study of criminal law dogmatics;therefore,this paper takes this opportunity to discuss.The criminal law regulation of the hijacking of network domain names is a realistic portrayal of the modernization of criminal governance.It conforms to the reality and necessity of the changing times.If the hijacking of network domain names is not properly regulated,it may cause harms such as the lack of the protection function of criminal law’s legal interests and the wantonness of the judiciary.Through the analysis of the current criminal law regulation of the hijacking of network domain names,a reasonable and effective regulation approach is explored based on the three levels of theory,judiciary and legislation.At the same time,relying on the integration and induction of existing cases and academic research: Internet domain names have property attributes,which can be attributed to network virtual properties;at the same time,they also have personal attachment attributes,which are spiritual creationsof human intellectual activities.This determines that domain names have the characteristics of knowledge products,so the network domain name is given to a new type of intellectual property with the attributes of knowledge products-domain name rights,which can solve the problems of qualitative confusion andlack of legal protection in regulating the hijacking of network domain names.The full text is divided into five parts:The first part focuses on the specific patterns of the hijacking of network domain names,with a view to distinguishing related concepts from the normative level.First of all,start with the concept of "hijacking domain names",and distinguish it from "traffic hijacking";then distinguish it from other domain name infringements.Identify the types of behaviors of hijacking network domain names,including hijacking and illegal acquisition.Secondly,the conflict between the serious social harm of this kind of behavior and the lack of non-criminal legal norms clarifies the legitimacy of the criminal law regulation of the hijacking of network domain names and justifies it.The second part systematically introducesthe legal attributes of network domain names,which is the premise of criminal law regulation for hijacking network domain names.If the Internet domain name hijacking is regulated by property crimes(such as theft),it is the first problem to be solved to clarify whether the Internet-domain name has property value attributes.On the one hand,due to the objectivity and interest characteristics of network domain names,it is certain that it has property attributes,but it is different from the real property type;whether it belongs to the category of "property" in criminal law is still controversial.On the other hand,the generation of network domain names reflects the intellectual labor of domain name designers and is a kind of intellectual achievement,and the natural attributes of knowledge products should be affirmed.The third part expounds the current situation of criminal regulation of hijacking network domain name in practice,and analyzes the problems and dilemmas in the current criminal regulation of such acts.Focusing on the criminalization path analysis of the above-mentioned types of behaviors worthy of criminal law protection,reviewing the conviction and sentencing of network domain name hijacking from the judicial practice department,focusing on the analysis of domain name acts such as theft and domain name hijacking.The difference between domain name hijacking and traffic hijacking is the key to the review of crimes involving computer violations in practice.Then,it examines the criminalization of hijacking network domain names from the perspective of legal interest protection.The fourth part starts the discussion on perfecting the criminal law regulation of hijacking network domain name from the macro theory level.At the theoretical level of legal rights protection,it is affirmed that the hijacking of network domain names is infringing on legal rights,and the expansion of legal rights is realized with reference to new rights,and the protection of legal rights of various types of hijacking of network domain names is clarified.Under the framework of the principle of measuring interests,strengthen the criminal law regulation on the hijacking of network domain names.In the fifth part,on the basis of summarizing that the current criminal law cannot effectively regulate the hijacking of network domain names,it discusses specific suggestions for improving the criminal law regulation of the hijacking of network domain names.Therefore,different paths are provided: in the short term,the regulatory problems can be solved by improving relevant judicial interpretations,so as to achieve phased control;in the future,when the time is ripe,the hijacking of Internet domain names will be included in the regulation as a long-term precise control by integrating intellectual property crimes.