The Criminal Law Qualitative Study On The Network Traffic Hijacking

With the arrival of the "Internet +" era,the Internet industry has entered a period of rapid development,the conflict between the legitimate rights and interests of Internet users and the unlawful practices will be more and more frequent.Therefore,in the process of the vigorous development of Internet industry,need a complete set of legal system to protect it.Accurate qualitative of traffic hijacking case,can effectively punish the illegal behavior of criminals,and reasonable relief for the legitimate rights and interests of Internet users,so as to the effect of eliminate the network environment,and maintain the network world public order,for the high-speed development of the Internet industry in China and the socialist economic construction smoothly to provide legal protection.The first case of China traffic hijacked that Shanghai Pudong new area people's court sentenced caused widespread discussion.Although the network traffic hijacking to qualitative crime of destruction of computer system behavior in accordance with the requirements of the principle of legality,but the charges is not reasonable evaluation the defendant's criminal purpose.The criminal law classified the crime of destroying computer information system as the chapter of crime of disrupting the order of social administration,that is about to protect the safety operation management system of computer information system and all Internet users of the legitimate rights and interests,but the main purpose of the defendant in the case of hijacking traffic is sold to other sites and earn money,not to undermine the management order of the computer information system,so the traffic hijacking is a means to realize his purpose of earn money,not the final result.This paper will combine with the facts of the case,from four aspects of behavior of the two defendants analysis the legal attribute of the flow in this case,analysis of hijacking traffic behavior,the relationship between the crime of destroying computer information system and the crime of theft,and the irrational when define the hijacking traffic as the crime of destroying computer information system.And draw the conclusion: Hijacking traffic behavior constitute the crime of destruct computer information system and the crime of theft,should choose a felony to punish.