Research On The Link Of The Administrative Law And Criminal Law In The Regulation On Online Speculation

In the Internet economy,because of the lack of face-to-face interaction between online and offline,the trust of both parties is more rooted in credibility.Reputation has become the authoritative resource of the Internet economy and plays a role in arranging market resources.With the rise of the e-commerce model,the online speculation has gradually become a complete gray industrial chain,which not only undermines the normal business order of the e-commerce market,but also has a serious impact on the social credit system,which already has the practical necessity of criminal law.Compared with the crimes in the traditional sense,the online speculation crime has a distinct double illegal attribute,which Inevitably involves administrative identification and criminal identification in the process of illegality determination.Therefore,it is possible and necessary to study the regulation of online speculation from the perspective of the link of the administrative law and criminal law.The purpose of this paper is to provide a cognitive basis for the construction of a scientific and effective online speculation system through the research on the regulation of the link of the administrative law and criminal law in the online speculation behavior,so as to construct a solid defense line for preventing and punishing the illegal behavior of online speculation.In addition to the introduction and conclusion,the paper is divided into four parts,totaling about 40,000 words.The first part is the basic definition of the link of the administrative law and criminal law in regulation on online speculation behavior.First of all,the basic connotation of the online speculation behavior and the link of the administrative law and criminal law is determined,thus delineating the research of this paper.The definition of online speculation is defined as the behavior of any individual,group or organization for the purpose of illegally raising the credit level,deliberately using false transactions and deleting unfavorable evaluations to seriously threaten or damage the credit evaluation system and the online transaction order;The definition of the link of the administrative law and criminal law is defined as the coordination and unification of administrative norms and criminal norms at the static level,and the coordination and control of administrative law enforcement and criminal justice at the dynamic level.The second part examines the problem of the link of the administrative law and criminal law in regulation on online speculation behavior.The problems of the link of the administrative law and criminal law in regulation on online speculation behavior are examined and sorted out at the three levels of legislation,law enforcement and justice.At the legislative level,the criminal law on online speculation is out of line with the pre-legislative legislation,and the criminal circle of online speculation is not strict;at the law enforcement level,the case transfer rate is low and the evidence transfer is not smooth;at the judicial level,the crime boundary is confused,the replacement of administrative punishment with punishment is serious,and the "reverse transfer" is not ideal,which seriously hinders the overall effect of the link of the administrative law and criminal law in regulation on online speculation.The third part analyzes the causes of the problem of the link of the administrative law and criminal law in regulation on online speculation behavior.On the basis of sorting out the problem of the regulation of the link of the administrative law and criminal law in the online speculation behavior,it analyzes the reasons for the blockage of the link of the administrative law and criminal law from the three levels of legislation,law enforcement and justice.At the legislative level,it stems from the quantitative model of crime and the misorientation of legal interests;at the level of law enforcement,it stems from the limitations of law enforcement resources and the natural expansion of administrative power;at the judicial level,it stems from the mechanization of conceptual thinking,the inaccurate value of criminal policy and the fracture of the inspection and supervision information chain.The fourth part is the perfect advice of the link of the administrative law and criminal law in regulation on online speculation behavior.At the legislative level,through the clarification of the standards of guilty,the strict criminal law network and the perfection of penalty allocation,the harmonization of administrative norms and criminal norms can be realized;at the law enforcement level,by improving the internal construction of the administrative system,improving the information sharing operation mechanism and strengthening the cooperation between the government and social organizations,the regulatory force to prevent and control online speculation is formed;at the judicial level,through perfecting the connection of illegal identification,the connection of punishment and the connection of “reverse transfer”,the scope of two-way regulation of administrative law and criminal law is clarified.