Criminal Law Regulations on Malicious Clicks and False Traffic Behaviors

Malicious click behavior, as a type of online black and gray industry chain, has the complexity and correlation of its criminal behavior, which makes related criminal behaviors spread freely through cyberspace. It not only has serious social harm, but also increases the difficulty of qualitative analysis of related behaviors, which has become an urgent problem that China's criminal law theory needs to face. Although the emergence of malicious click behavior poses certain challenges to the application of traditional charges. However, when regulating corresponding criminal acts, the criminal law should not be overly "proactive", but should clarify the necessary limits for application. By comprehensively grasping the behavior patterns of malicious clicks and combining upstream and downstream approaches, an overall evaluation of malicious click behavior is conducted. On the basis of determining whether the upstream behavior constitutes a crime of infringing on computer information systems, comprehensively determining whether the downstream behavior complies with the provisions of Article 287 of the Criminal Law, and achieving reasonable regulation of malicious click behavior.