The Research Of The Network Malicious Marketing Behavior Of Criminal Law Regulation In China

At present,China is in the period of social transformation and there are more and more various problems.The Internet crimes are becoming more serious and network malicious marketing behavior is particularly rampant,seriously endangering the peace and the order of the Internet.However,the regulations of the network malicious marketing behavior in China are still in vacancy in the criminal law system.Though the thirty-second item of the People's Republic of China criminal law amendment(the 9th)has added some rules on false information spread by Internet,the law failed to regulate the network malicious marketing behavior.It cannot effectively solve the problems of network crime in society.In particular,it exposes the drawbacks and defects of the legal system of network crime in the “Mengniu Erie case”.Therefore,the research on the network malicious marketing in China is of great value and practical significance.This paper focuses on the ways and methods to solve the network malicious marketing behavior.The main structure of this paper is divided into four parts: the first part mainly introduces the related concepts of network malicious marketing,including marketing,network marketing,malicious and network malicious marketing.At the same time,this part analyzes the characteristics and causes of network malicious marketing.The second part is the analysis of the present situation about criminal law of the network malicious marketing behavior in our country,aiming at the actual situation of China's criminal legislation.The author finds out three major problems concerning criminal law of the network malicious marketing: the idea of the criminal law legislation concerning network malicious marketing have some limitations;the concepts of the network crime and network malicious marketing have not been unified so far;our country's criminal legislation of network crime is too simple and careless.The third part is the investigation of the criminal law regulation about network crime of other countries,taking the United States and Germany as examples,studying the historical development of network crime legislation of the two countries in particular.The fourth part,which is the major part of the paper,discusses the necessity of adding the network malicious marketing crime,and then I puts forward specific legislative proposals of the theme.