Research On Criminal Regulation System Of "Traffic Hijacking"

In the Internet era,new types of crimes caused by emerging Internet technologies have challenged the law."Traffic hijacking"is a typical example.Before 2015,the social abuse of "traffic hijacking" was not serious,and it was mostly adjusted by civil and commercial laws in judicial practice.However,with the increase in the harm caused by the "trafficking hijacking" behavior,it is increasingly necessary for the criminal law to intervene in the regulation of "flow hij acking".However,due to the lack of understanding of the "traffic hijacking" technology and legal level,as well as the deeper understanding of the meaning of the crime of undermining the computer information system,the practice and the theoretical circles have disputed the definition of "trafficking hijacking".In practice,there are precedents that advocate the crime of illegally acquiring computer information system data and the illegal control of computer information system to characterize "traffic hijacking";in theory,there are opinions that the crime of traffic aggression should be characterized by the crime of theft and the destruction of production and operation.From the perspective of severe punishment,the crime of illegal access to computer information system data and the illegal control of computer information system can be ruled out;the application of theft crime can be discharged from the perspectives of protecting legal interests and regulating behaviors,and the destruction of production can be ruled out from the connotation of the law.The application of business crimes.The final conclusion of "traffic hijacking" qualitatively is to undermine the crime of computer information system.From the accuracy of theory and judicial practice,it is necessary to clearly explain the key concepts of the content of this crime,in order to guide judicial practice more clearly.