| In the information age,my country’s Internet technology level has been continuously improved,and the Internet economy has continued to mature and grow.New criminal technologies have also emerged,and "traffic hijacking" is a very typical representative.With the continuous development of information,hijacking traffic has become a common method for some websites to increase the number of visits and click-through rates of website pages,and then can take the opportunity to charge high advertising fees,and has even developed into a considerable-scale underground industry Chain,seriously destroys the network order,may affect the market share of other competitors in the same industry and the same field,destroy the open,fair,just and transparent competition order of the network market,and also bring a bad online experience to users,and may even leak Personal privacy causes property damage.It is precisely because of the increasing social harm of traffic hijacking that the society cannot bear it,so it has developed from the use of civil law regulations to the use of criminal law to pursue accountability.Although my country refers to the use of criminal law to regulate "traffic hijacking",the Supreme People’s Court has issued Guiding Case No.102.It is clear that domain name hijacking refers to the destruction of network users’ computer information system functions,resulting in the inability to operate normally.The crime of sabotaging computer information systems.But does this mean that all traffic hijacking crimes can be characterized through the "crime of destroying computer information systems" ? Is the "domain name hijacking" mentioned in the Guiding Cases the most extensive traffic hijacking behavior? All kinds of new types of Internet traffic hijacking are covered.These series of problems all show that there is no uniform standard in criminal law regulation,and the elements of crime are unclear.The problems that need to be solved urgently in the process of judicial practice also need to be discussed and studied by the criminal law community,and further responses should be made at the theoretical level to guide practice.Through the analysis of traffic hijacking behavior patterns,this paper studies traffic hijacking behaviors that need to be regulated by criminal law.In the past judicial practice,there are some limitations in handling traffic hijacking through administrative law and anti-unfair competition law,and traffic hijacking is difficult to detect,identify,and obtain evidence.And network order managers have caused adverse effects and endangered the stability of network order.Therefore,it is reasonable and necessary to pass traffic hijacking through criminal law,which is beyond doubt.Therefore,in the process of constructing this criminal law regulation system,it is crucial to solve the problem of the determination of charges,the co-occurrence of charges and the determination of the consequences of crimes.For traffic hijacking,this article intends to convict and send crimes in two ways: computer crimes and property violation crimes,which can really play a deterrent role and reasonably solve and deal with this new type of cyber crime,but also consider the modesty of criminal law.In addition,supervision should be strengthened in order to establish a multi-system coordination and cooperation regulation system to solve the problem of traffic hijacking. |
