The Qualitative Behavior Of Online False Trade For Profit

With the rapid development of electronic commerce,new legal challenges and problems arise.In order to pursue profit maximization,some merchants adopt improper marketing methods to publicize their products,and fake transactions have become the first choice of online stores in commercial competition.The existence of fake transaction seriously destroys consumers' trust in online shopping,and then hinders the further development of electronic commerce.Therefore,to clarify the nature of online false trading and profit behavior has become the key to effectively regulate brush disorder.Based on this,the thesis is divided into three parts.The text is divided into four chapters,which take three types of judicial precedents related to false transactions as the cut-off point,comprehensively analyzes different viewpoints of scholars,and focuses on the qualitative analysis of online false trading profit behavior and the crime number of such behavior and related derivative behavior.Chapter one discusses the identification of online false trading and profit as false advertising.The fake transactions,fake sales volume and fake user evaluation in the online fake trading and profit behavior belong to the fake publicity behavior,while the user evaluation and sales volume in the online fake trading and profit behavior belong to the commercial display advertisement in the Internet advertisement.Therefore,the fake user evaluation and fake sales volume in the online false trading and profit behavior constitute false advertising.Therefore,when the online false trading profit behavior reaches the serious standard,constitutes the crime of false advertising.Chapter two discusses the identification of online false trading profit as fraud.Fraud against consumers in the online of false trading for profit behavior because of the lack of illegal possession of the purpose does not constitute a crime of fraud.Points and coupons belong to the behavior object of the crime of fraud,and the crime amount shall be determined according to the actual loss of the platform.As an electronic agent,network platform has the qualification of being the victim of fraud.Therefore,the fraud crime is constituted when the fraud of the platform in the online false trading and profit behavior reaches the larger standard.Chapter three discusses the identification of online false trading and profit making as illegal business behavior.The act of making profits from online fake transactions violates the anti-unfair competition law,the e-commerce law and the decision on maintaining Internet security.According to the market access order said,disrupted the market order.According to article 7 of the network defamation division,this act belongs to other illegal business behavior stipulated in article 225(4)of the criminal law.Therefore,when the online false trading profit behavior reaches the serious standard,it constitutes an illegal business crime.Chapter four discusses the identification of the crime of making profits from online false trading and its derivatives.Because the crime of false advertisement and the crime of illegal operation have the relationship of competition and cooperation in law,the crime of false advertisement should be established in the act of making profit from online false transaction.However,the statutory penalty for false advertising crime is set too low.When the seriousness of the criminal facts of the actor cannot be evaluated by the crime of false advertising,the crime of illegal business operation and the crime of false advertising should constitute imagination contesting,and the crime of illegal business operation should be punished by choosing a felony.The fraud of the platform in the online false trading and profit behavior constitutes the crime of fraud,the crime of false advertising and the crime of illegal business imagination competition,choose a felony punishment.The neutral helping behavior of the Internet service provider,which refuses to correct after being ordered by the supervision department to take corrective measures or knowingly,constitutes the imaginary contesting of the crime of refusing to perform the obligation of information network security management and the crime of helping network criminal activities,and the punishment of a felony.Establish instant messaging groups such as website,APP,QQ,WeChat,YY,etc.,and publish brushing tasks in them,which constitutes the crime of illegal use of information network.The act of imparts brushing skills in website,APP or even communication group constitutes the concomitant combination of the crime of illegal use of information network and the crime of imparts criminal methods.According to the special provisions of the third paragraph of the crime of illegal use of information network in article 287 of the criminal law,a felony punishment shall be chosen.