Research On Criminal Law Regulation Of Fake Advertisement Network Platform

The more mature and advanced Internet technology is constantly changing people’s living habits and social mode of operation,while bringing more convenience,but also lurking greater risks.Network advertising broadens our access to information channels at the same time,adulterated with false information will pose a threat to social and economic order and personal and property security.In recent years,the frequent cases of advertisement fraud and false propaganda indicate that only by taking severe measures to rectify the false advertisement can we improve the net and the pure land of the real society.Given the serious consequences that network platforms serve as a communication channel and can cause multiplied harm,including network platforms in the scope of regulation under the Criminal Law and improving regulation paths can effectively crack down on false network advertisements and related crimes and maintain the healthy development of social and economic order.The false advertisement network platform undertakes the criminal responsibility is has its legitimacy.First of all,the network platform is becoming the serious disaster area of the network false advertisement,the harm of the network platform’s helping behavior has already been far higher than the implementation behavior,has created the legal benefit infringement consequence which the criminal law does not allow,has seriously disturbed the social economic order;Second,the network platform’s releasing the false advertisement has destroyed the new collective legal benefit and so on network security management which produces in the network time,has violated the network security management duty,some behavior also constituted under the accomplice theory to help the crime possibility.Therefore,the network platform criminal law regulation has its full reality and the theory basis.Although the crime of false advertisements and the crime of assisting in information network criminal activities added in the Amendment(IX)to the Criminal Law can have positive effects on the regulation of false advertisements online,there are still obvious inadequacies and confusion in the regulation of network platforms,and there are such problems as insufficient explanations and insufficiency in identifying network alienation,which give rise to practical problems such as different judgments in the same case and the lack of intervention in the Criminal Law.Therefore,we shall adopt type-oriented thinking and improve the criminal law regulation of false advertising network platforms in terms of regulation modes,liability subjects,and entry and exit crime standards.An independent publishing false advertising network platform shall be investigated for criminal liability for the crime of false advertising;a paid assisting false advertising platform shall be investigated for criminal liability for the crime of illegal use of information networks or assisting in information network criminal activities according to the specific behavior sample and whether its helpers constitute a crime or not;and the crime of refusing to perform information network security management obligations shall be regulated if its gratuitously assisting false advertising network platform refuses to perform its obligations and the circumstance is serious.At the same time,in the standard of conviction,we should make a supplementary explanation on such issues as the recognition of serious circumstance,the application of anticipated possibility and so on,and refine and perfect the prosecution standard on the premise of defining the boundary of the execution regulation,so as to solve the problem of the criminal law regulation path of the false advertisement network platform more systematically and comprehensively.