The Criminal Regulations Of The New Type Of Internet Black And Gray Property Activities

Driven by information technology,network technology has entered the web 3.0era,and the network space with the Internet as the main body has become a new form independent of physical space.Big data,artificial intelligence,cloud services and other cyberspace accessories have greatly changed the state of society and brought convenience to human production and life.But different from the publicity of the physical society,the network society has the characteristics of concealment and anonymity.Based on these characteristics,in the hidden corners of the Internet,new types of online black and gray products are huddled outside the French Open,threatening network order and social stability.The new type of cybercrime industry is the product of the refined division of cybercrime.It has the commonalities of cybercrime and has different characteristics from cybercrime.As a new substance in cyberspace,the diversity of its own means and the complexity of its technology impact traditional criminal law theories and bring great difficulties to the determination of judicial practice.The crimes related to the new-type cyber black and gray industry transcend the constitutive elements of traditional crimes,so is its regulation based on the doctrinal standpoint of criminal law or the theory of criminal legislation? Based on the criminal policy needs of the country’s source governance,the criminal law often presents the characteristics of early and preventive actions against new cyber black and gray industries.So what is the theoretical and practical basis of this regulatory method? The identification of different types of new online black and gray industries,such as malicious registration,traffic hijacking,and capital channels,is theoretically contending among a hundred schools of thought.In judicial practice,different judgments in the same case occur from time to time.How to accurately characterize the new network black and gray industry directly affects the uniformity of judicial application and the protection of network security.This article will discuss these issues one by one,in order to systematically solve the new type of network black and gray production.In addition to the introduction,this article contains three parts.The first part of this article is mainly to clarify the concept and attributes of the new network black and gray industry,analyze the essence of the new network black and gray industry,and comb the operation structure of the new network black and gray industry from a macro perspective,and eliminate the technical problems for the application of criminal law.obstacle.First of all,the new type of online black and gray production is a product of the web3.0 era.It was born out of cybercrime,but it is different from cybercrime.The former is a product of the latter’s specialized division of labor.If you look at cybercrime as a whole,then the cyber black and gray industry is its sub-item,and each specific crime is the most basic unit of the cybercrime system.Secondly,compared with traditional cyber crimes,the new cyber black and gray industry is no longer an independent crime,but makes full use of the characteristics of the Internet to maximize its effectiveness.The new network black and gray industry has the characteristics of ecology,technology,internationalization,and young age,making it a serious social hazard.Thirdly,the essence of the new type of cyber black and gray industry activities is not the alienation of traditional crimes,but evolution.Therefore,the criminal behavior of the new type of cyber black and gray industry should be interpreted from the standpoint of criminal law doctrinal rather than legislative theory.Taking traditional crimes as a coordinate,the related crimes related to Internet black and gray assets can be divided into two types: one is the evolution of the "quantity" of traditional crimes;the other is the evolution of the "quality" of traditional crimes.The second part of this article expounds the legal theory and practical basis of the new cyber black and gray industry criminal laws and regulations.In terms of legal basis,based on the special nature of the new type of online black and gray property activities,it needs to be different from the traditional criminal law sanctions.It is reasonable and necessary to reconstruct the structure of traditional legal doctrine based on the theory of risk criminal law to deal with the new network black and gray industry.Analyzing from a macro perspective,explaining whether the risks in cyberspace belong to the risks of a risky society is the basis for the application of risk criminal law theory,among which "uncertainty","equivalence of risks" and "objectivity" are the criteria for measuring cyber risks.The cyber security risks of the new cyber black and gray industry meet the three requirements of the risk society.From a micro perspective,the predicate crimes of the new type of online black and gray assets are mostly assisted criminals from the division of labor,and criminal preparations from the stage of crime implementation.These dangers themselves are highly dangerous.The abstraction of legal benefits in the theory of risk criminal law and the criminal law function of active prevention can just make up for the traditional criminal law’s regulatory gaps in the new cyber black and gray industry,and put cyber security in the first place,such as behavioral dangers and resulting dangerous states can be evaluated by criminal law.Object.In terms of practical foundation,the new network black and gray industry directly brings many criminal risks to the three dimensions of national security,social stability,and personal rights.These criminal risks provide a necessary basis for criminal law intervention.In addition,due to changes in the external environment,the behavioral patterns of the new online black and gray industries have caused judicial organs to face technical and judicial application barriers when dealing with different types of black and gray industries.The judicial identification dilemma of the new network black and gray industry provides a rational basis for the criminal law system.The third part of this article focuses on the specific types of new cyber black and gray industries,based on the criminal law doctrine to regulate the new cyber black and gray industries at both ends.The first is malicious registration of black and gray products.The malicious registration of black and gray industry chain is the source of the entire cybercrime,and its core behavior is malicious registration.From the perspective of illegality,the legal benefits of malicious registration violations are cumulative and diffuse.From the perspective of accountability,malicious registration actors are condemned.In the information age,an expanded interpretation of the crime of sabotaging production and operation should be made to give the network meaning to reasonably regulate malicious registration.The second is traffic hijacking and black and gray production activities.Traffic hijacking is its core behavior.Different types of traffic hijacking should be treated differently.The crime of illegally controlling a computer information system belongs to "damage" in a broad sense,and it has a progressive relationship with the crime of destroying a computer information system.According to the degree of "damage",link hijacking and domain name hijacking are regulated with the crime of illegally controlling computer information systems and the crime of destroying computer information systems.The third is the black-gray production activities of the capital channel.Due to the lack of law on the fourth-party payment supervision,the fourth-party payment technology is combined with the black-gray industry chain to become a channel for illegal settlement of the black-gray industry.The behavior of providing fourth-party payment technology should be judged from the perspective of neutral assistance behavior,and the criminal punishability of the provider should be restricted in a logical order from objective to subjective.In practice,the illegal use of fourth-party payments involves the dispute between the crime of illegal business operations and the crime of helping information network criminal activities.The two crimes should be combined with "business" and subjective crime "knowingly" for comprehensive determination.