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Research On The Legal Regulation Of "Network Hype Credit"

Posted on:2019-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2416330590963260Subject:Law
Abstract/Summary:PDF Full Text Request
"Network hype credit" has been derived from the initial sporadic "self-hype credit" stage to today's large-scale industrial chain,which has increasingly become a "bottleneck" that restricts the healthy development of the e-commerce market.The forthcoming "E-commerce Law" on the provisions of the field of online credit,the first case of hype for credit criminal cases,the establishment of the "against hype credit" alliance,the "3·15 party" focus on the "hype credit" and other series of actions have demonstrated the determination to crack down on "hype credit" from all levels,and further confirmed the feasibility of the multidimensional legal regulation path.Most of China's theoretical and practical circles study the governance of "hype credit" from a single level,and lack of reflection on the multidimensional legal regulation of "network hype credit".Therefore,the author who uses the literature research method to analyze and judge the viewpoints of "network hype credit" in civil law,administrative law,criminal law and industry,proposes that under the different legal perspectives,the "network hype credit" shows different legal attributes.From the legal relationship between behavior and result,it can be divided into administrative incidental civil legal attributes and criminal incidental civil legal attributes.Therefore,we should comprehensively grasp the legal attributes of the "network hype credit" from a multidimensional perspective.Taking this as a starting point,the author believes that multidimensional legal regulation is an effective choice to effectively respond to the urgent need to eradicate the "hype credit".Based on China's national conditions,drawing on the American social credit system model through Comparative Analysis.it is feasible to learn from Korea and Japan's relevant experience in the real-name system of the network through comparative analysis.By fully mobilizing the enthusiasm of all levels,seeking civil remedies from filling the legislative gap,emphasizing the targetedness of administrative law enforcement,paying attention to criminal sanctions on criminalization,and playing the role of e-commerce industry self-discipline.We work together to realize the multidimensional legal regulation path of "network hype credit",and build a new network of harmony.
Keywords/Search Tags:"Network hype credit", Legal attribute, Social credit, Legal regulation
PDF Full Text Request
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