Judicial Determination Of Traffic Hijacking

Traffic hijacking is a new type of computer network crime,that is,when the Internet users to the target site to implement independent access,the perpetrator based on some illegal purposes,through the relevant technical means to the target site traffic links to jump to other sites.On the one hand,traffic hijacking violates the free will of Internet users to visit websites,affects their access needs,and even hinders the realization of their original access purposes to some extent;on the other hand,it damages the normal business operation of the target website and has a certain impact on website security.Based on the factors of digital information technology innovation and development,the perpetrators of traffic hijacking means of implementation of complex forms,China’s "Criminal Law" at present there are no specific legal provisions on the behavior has clear provisions,resulting in judicial practice on the behavior is to damage the computer information system crime or illegal control of computer information system crime is considered controversial application of the crime.Accordingly,this paper takes the case of Wang Moumou and other illegal control of computer information system as an example,and analyzes the controversial focus of the case with the relevant jurisprudence,and considers that Wang Moumou and Xu Moumou have used "Coconut Tree" and other scanning software to obtain the target website background control authority without authorization,and implement tampering with keywords,implanting designated jump code,hijacking the website The traffic to be trafficked to obtain illegal benefits of the act should be recognized as illegal control of computer information system crime.Luomoumou should be identified with the crime,because objectively Luomoumou implemented the provision of rental servers and other acts of assistance is in accordance with the division of labor with Wangmoumou prior consultation,subjectively Luomoumou and Wangmoumou have conspired to implement the illegal control of the intention,the joint crime.In addition,this paper,on the basis of theoretical analysis of the case,combined with specific judicial practice,the identification of traffic hijacking behavior and put forward some suggestions.