西南石油大学学报(社会科学版) ›› 2019, Vol. 21 ›› Issue (6): 76-83.DOI: 10.11885/j.issn.1674-5094.2019.09.02.01

• POLITICS AND LAW • Previous Articles     Next Articles

Thoughts on the Criminal Law Regulation of Traffic Hijacking——From the Perspectiveof Guiding Case No. 102

CHENG Yuheng   

  1. School of Law, Southeast University, Nanjing Jiangsu, 211189, China
  • Received:2019-09-02 Online:2019-11-01 Published:2019-11-01

Abstract: With the rapid development of the internet era, traffic hijacking has become an extensive threat to network security. Traffic hijacking used to be defined as unfair competition in judicial practice, but Guiding Case No. 102 signals that traffic hijacking should be adjudged to be a criminal crime. Traffic hijacking like DNS hijacking, CDN hijacking, BGP hijacking, and client-side hijacking is of controversial nature. As it is done covertly, it is difficult to collect evidence. The criminal objects of traffic hijacking are defined as virtual assets, the management order of computer information system, and computer information system security. In judicial practice, legal regulation on traffic hijacking needs to be differentiated based on hard traffic hijacking and soft traffic hijacking. According to Guiding Case No. 102, the "technical transgression" behavior should be regulated by the criminal law so as to curb hijacking and to ensure the security and stability of computer information systems.

Key words: traffic hijacking, guiding case, computer information system security, technical transgression, virtual assets

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