Analysis Of Traffic Hijacking Charges

Traffic hijacking is a vicious competition behavior with serious social harm under the background of traffic values most in the Internet era.Before the sentencing of the case of Fu Xuanhao and Huang Zichao damaging the computer information system in2015,traffic hijacking was mainly solved by administrative law regulation and civil relief,and was not treated as a crime.Firstly,this paper introduces the related concepts of traffic hijacking and classifies them.Among them,forced traffic hijacking really needs to be regulated by criminal law.For the two controversial focuses in this case: on the issue of whether traffic hijacking constitutes a crime,through the analysis of the nature and social harm of DNS hijacking carried out by the two defendants,it is determined that it constitutes a crime;On this premise,this paper discriminates the possible charges of DNS hijacking,and comes to the conclusion that this behavior does not constitute theft and should be convicted of computer charges.To solve the overlap of articles of law among computer crimes,the crime of destroying computer information system should be treated as a special crime by the internal logic of the law,so DNS hijacking should be convicted of it.At present,China's traditional criminal law theoretical system urgently needs to be Internetized.This paper analyzes the causes of the legal application of traffic hijacking and puts forward legislative suggestions.For the current legal application dilemma in practice,it is proposed that some concepts in the articles of law can be limited and interpreted to correct its tendency of misused in judicial practice.