Research On The Criminal Regulations Of Internet Scrutinizing And Firing Of Credit

Fake review for online shopping refers to the behavior of creating false transaction volume,deleting bad comments,writing false favorable comments and other forms in the field of e-commerce to improve the credit level of oneself or others,so as to further seek illegal interests.It includes three modes: the operator falsely raises the sales volume and favorable comments of its own store,the rival operator maliciously brushes the sales volume and favorable comments,and certain organization brushes the order to increase the sales volume and favorable comments.The background of fake review for online shopping is the transformation of the retail and service industries from offline physical stores to online stores,and the dissemination of business information to Internet model in the era of the e-commerce economy;At the same time,new changes have taken place in the Internet commercial credit evaluation mechanism,including more forms of evaluation,more evaluation subjects and a wider range of evaluation objects.Before the qualitative study on the behavior of different modes of fake review for online shopping,we should first determine the necessity of criminal law regulation of the behavior of fake review.The behavior of fake review is characterized by infringement of legal interests and violation of norms.In recent years,the behavior has a tendency of concealing and complicating gradually,which enlarges the radiation range of the social harmfulness of the behavior and it will seriously disturb the order of market economy if it is not included in criminal regulation.At the same time,we should maintain vigilance and restraint in criminalization,and suggest to improve the strict but not severe legal system,When cracking down on malicious behavior of fake review,authorities will not carry on criminal punishment to regulate it before the victims exhaust all internal management methods,civil and administrative remedies.At present,there is a dispute in the academic circle about the nature of various types of fake review.In the first category,there is no obvious difference in the nature of such behavior,and the academic community generally thinks that it does not constitute a crime,and we should recognize such behavior as false publicity and assume administrative responsibility according to the anti-unfair competition law.The second category,the opponent operator make bad comments on the competitors.There are several propositions for the qualitative analysis of this kind of behavior :(1)It does not constitute a crime;(2)Disagreement exists on whether the crime of destroying production and operation is constituted;(3)The act is found guilty of damaging commercial reputation and commodity reputation.Thirdly,behind the scenes organizers implement the behaviors of fake review systematically.There are also differences in the nature of such behavior:(1)There is a dispute over whether to constitute an illegal business crime;(2)It issuggested that add network unfair competition clauses in criminal law as the legislative response,such as adding "crime of obstruction of business" and other charges for regulation.In order to study the criminal regulation of different types of fake review for online shopping,it is necessary to sort out and judge the existing qualitative disputes.The criterion and standpoint of judging each theory are: to make the criminal law interpretation can realize the unification of history and reality and adopt the "subjective and objective interpretation theory";It is reasonable to clearly apply the current criminal code,and it is not recommended to add new charges to deal with it.In the criminal law interpretation,advocates strictly follow the principle of the same kind of interpretation to treat the provisions.To different types of fake review for the criminal law regulation,firstly,the malicious fake review behavior.This act constitutes the crime of destroying production and operation in doubt.The destruction of business activities does not necessarily constitute the crime of destruction of production and operation,and the right to search for goods does not belong to "destruction of machinery and equipment",nor to "other methods".For this kind of behavior of the criminal law regulation path: the competitor malicious single speculation act for the establishment of damage to business reputation,commodity reputation crime.The establishment of this crime requires a reasonably expansive interpretation of "false facts",which is no longer limited to negative information,and "favorable comments" can also lead to serious infringement of legal interests.The essence of search demotion is that platform uses data technology to detect abnormal sales and positive ratings of operators,and has severely doubted the store's business reputation and imposed punishment.The perpetrator used this rule to damage the business reputation of the rival shop.In combination with the current status of e-commerce economic development,actors who "use the Internet to damage others' business reputation and product reputation" only use the media(Internet and other media)that have the function of quickly and efficiently disseminating information on a large scale.False facts can be widely advertised,so that they can be compared with the "direct economic loss of more than 500,000 yuan to others".In the course of malicious praise,once the fabrication is completed,the false facts will be spread immediately,and “fabrication” and“distribution” are inseparable.Therefore,the judgment of “starting” should be advanced to the beginning of the fabrication rather than the distribution.In addition,the criminal law regulation path for the organization's order-scratching and speculative acts: suspecting such acts as illegal business crimes,which does not meet the requirements of "violating state regulations," nor is it "other illegal business operations that seriously disrupt market order " Because of adhering to the principle of similar interpretation,the establishment of this crime should be premised on the existence of " legal business ",that is,thereis a business operation that provides special protection by laws such as franchising,but there is no corresponding " legal business " in ordering and speculation.,So there is no such thing as "illegal business." This kind of behavior establishes the crime of false advertisement and the crime of illegal use of information network.The behavior creates unreal sales situation and customer evaluation by fictitious transaction,which is consistent with the definition of false advertisement in "advertising law".The behavior interferes with the credit evaluation and choice of the e-commerce platform and consumers to the shops,and has the illegal purpose of crowding out competitors.Brush single platform organizers belong to the advertising operators,meet the requirements of false advertising crime identity crime.At the same time,according to the basic principle of the application of criminal law "from the old to the lighter",the application of the crime of illegal use of information network is not excluded.The act can be assessed as "using information network to set up websites and communication groups for the purpose of carrying out illegal and criminal activities",and "using information network to publish information for the purpose of carrying out illegal and criminal activities",and is classified as such a crime.