The dilemma and relief of traffic hijacking offense determination ——Based on the perspective of the legal benefits of data security
Xu Hanwen
School of Foreign Affairs and Law,Gansu University of Political Science and Law
Abstract： Traffic hijacking is not only regulated by the anti unfair competition law for destroying the order of market competition, but also may fall into the scope of criminal law for participating in the crime of network black ash industry. Based on the complexity of the behavior and the characteristics of multiple subjects, there are two typical views on the determination of the crime of traffic hijacking, namely, computer crime and property crime, which reflect the trade offs between the legal benefits of virtual asset, the legal benefits of online order and the legal benefits of system safety.Based on the consideration of the behavioral process and applications of traffic hijacking, its essence shall be to unlawfully control the behavior of application program or data communication of the computerized information system, which infringes on the legal interests of data security. The legal interests of data security protected by the crime of damaging computer information systems are convergent with those infringed upon by traffic hijacking, and the application is feasible and necessary,at the same time, it is necessary to carry out a jurisprudential interpretation of the elements of incrimination, such as data, application programs and interference.
Key words : traffic hijacking; data security; system security; interference; application program
