Criminalisation of Traffic Hijacking and the Way Forward for Regulation

Abstract

Traffic hijacking is an act of unscrupulous elements using the network chain for profit. From the process of intruding into the system, obtaining information, controlling the computer, damaging the computer system, to helping the information network crime, Internet enterprises have incurred huge economic losses in the traffic hijacking crime. The characterisation of traffic hijacking in current judicial practice is controversial. This paper examines the dilemma of traffic hijacking behaviour identified in criminal law doctrine and judicial practice, analysing the definition of different infringements, the legal interests infringed and the harm caused; Determining the necessity of identifying and regulating acts from the perspective of behavioural science and social harm, considering the prerequisites for identification and identifying the justification of acts; By organising and classifying the offences and cases, distinguishing cyber crimes from traditional criminal law offences, and analysing the judgments, it can provide a consistent characterisation of traffic hijacking in terms of culpability and punishment; Lastly, the system of regulation of traffic hijacking will be constructed in the direction of protecting the legal interests of data, taking domestic and international experience as a guide and combining it with technological governance.