Analysis Of Malicious Reverse Scalping Case

In recent years,with the rise of e-commerce platform,online shopping is also more and more important in life.However,the rise of online shopping at the same time will also breed bad competition among sales stores.Among these bad competition behaviors,malicious brushing is the most common.The so-called malicious brushing of orders is the act of maliciously carrying out false transactions to carry out unfair competition in e-commerce trading platform,thus harming the interests of competitors.The malicious reverse brushing refers to the goods that merchants themselves or hire others to buy competitors deliberately give high praise and create the false appearance of competitors’ self-brushing,which causes the e-commerce platform to identify competitors as engaging in false intercourse.The act of imposing a credit downgrade on him or her.The nature of malicious reverse brushing has been controversial in academia.It is far from enough to regulate market behavior and protect the growth and development of network economy only through existing laws and regulations.For this problem still needs in-depth study,reasonable suggestions for better service of judicial practice.Based on the legal analysis of whether malicious reverse brushing can constitute the crime of destruction of production and management in specific cases,this paper puts forward some suggestions to perfect the criminal regulation of crime of destruction of production and management in the network age.It provides a reference for the accurate identification of malicious reverse brushing in judicial practice.In the case of malicious reverse brushing by Dong,the focus of dispute between the prosecution and the defense is whether the malicious reverse brushing can constitute the crime of sabotaging production and operation and the amount of loss determined.Based on the analysis of Dong Mou and Xie Mou’s harmful behavior,harmful consequence and causal relationship between them in this case,the author objectively discusses that it conforms to the constituent elements of the crime of sabotage production and management.Dong Mou and Xie Mou are both natural persons with direct intent to commit crimes,which are subjectively in line with the constituent elements of the crime of sabotaging productionand management;their actions are not legitimate acts,nor are they satisfied with the proviso.In summary,it can be concluded that the malicious reverse browsing line carried out by the two people To constitute a crime of destruction of production and operation.In the aspect of sentencing,the author thinks that when determining the amount of loss,the court of second instance neglects the loss caused by the period of brushing the order,which leads to the small amount of the loss determined,and then affects the determination of sentence and the application of suspended sentence.Finally,the author believes that the provisions of the current law on "production management" in the crime of sabotage production and management need to be clearly defined,the scope of "other methods" needs to be defined,and the standards of filing cases should be perfected.In addition,a fine should be added to better prevent and control the crime of sabotaging production and business.