Qualitative Analysis Of The Criminal Law Of Illegally Providing VPN Wall Turning Service For Profit

The rapid development of information technology has provided convenience for social life,but while network technology has changed the current way of life,new illegal and criminal activities using network technology have also followed.Among them,the illegal provision of VPN wall-turning service behavior is the use of network technology to carry out illegal and criminal activities,which is illegal and serious social harm.In practice,although the behavior is applied to administrative regulations,fines,administrative detention and other administrative penalties,but the effect is not significant.Considering the illegality and serious social harm of the act,if the serious circumstances cause serious consequences,it shall be regulated by the criminal law.At present,there is no clear provision on the behavior of illegally providing VPN wall service for profit.In judicial practice,there are different problems in identifying the object,the objective nature of the behavior and the subject identity of the actor.Therefore,the nature of the criminal law of this behavior is gradually paid attention to in practice.At present,the criminal law of this behavior mainly involves the following three charges: one is the crime of illegal business operation,the second is to refuse to perform the obligation of information network security management crime,the third is the crime of providing intrusion and illegal control of computer information system programs and tools.In order to make a more accurate conviction and sentencing and avoid the judicial problems of different sentences of the same crime,we should adhere to the basic principle of equal application subject of the criminal law and make a clear definition of the criminal law.From the content of the current criminal law,the main difference of conviction lies in the different understanding of the object of the behavior,the objective aspect of the behavior and the identification of the subject elements.In order to solve the qualitative problems in this behavior,this paper,through the introduction of relevant precedents in recent years,and the combination of the application of charges,criminal law theory and judicial interpretation,puts forward the qualitative view of this behavior,hoping to make reference to the controversial issues in judicial practice.This article mainly consists of the following four parts:The first part,the basic theory of illegal VPN wall turning service for profit.This part mainly introduces the concept,characteristics and harm of the illegal behavior of providing VPN wall turning service for profit for others,which lays the foundation for the writing of the whole paper.The second part,the case display and the dispute focus.In this part,through the introduction of precedents and dispute focus,it formally leads to the qualitative problems of criminal law in judicial practice,and formally starts the writing of this paper.The third part,is the understanding and application of the relevant charges of illegally providing VPN wall turning service for profit.In this part,through the analysis of the application of the crime in the judicial practice,the understanding and application of the relevant charges are increased,and raises the problems in the judicial practice,so as to provide the legal basis for the qualitative analysis of the criminal law below.The fourth part,is the legal analysis of illegally providing VPN wall service for profit.Through the above understanding and application of related charges,analyze the relevant elements of the behavior,in the analysis of the infringement object,subject identity,etc.,combined with the legal analysis,the behavior of the behavior,to conform to the principle of punishment,promote the correctness of crime selection,to ensure the judicial fairness and justice.