A Study On The Criminal Law Regulation Of The Behavior Of "Click Farming"

With the rapid rise of e-commerce industry,the behavior of "brushing single speculation letter" has become an improper means for many operators to seek improper interests.As a new type of network illegal behavior,it has the necessity of criminal regulation to a certain extent.The study of its regulation can not only enhance the guidance of judicial practice,but also provide new ideas for the study of other new types of cybercrime in the era of big data.This study is divided into five parts;the first part is the introduction,including the research background,domestic and foreign research status,research significance,research methods,research innovation and shortcomings;the second part is an overview of "brushing single speculation letter" behavior,including the concept,elements and characteristics of brushing single speculation letter behavior.On the basis of combing the definition of "brushing single speculation letter ",the essence of " brushing single speculation letter " fictitious transaction data to obtain improper economic benefits is clarified.The main body of the letter mainly includes the network shop operator,the brush order intermediary and the century brush single person,and the online shopping trading platform may also become one of the main bodies under special circumstances.The third part is about the theoretical discussion of brushing single speculation letter.It can be discussed in detail as the behavior of "brushing single speculation letter ",the specific charges and the subject responsibility.According to the social harmfulness of the behavior of "brushing single speculation letter" and the present situation of other normative governance,it can be concluded that the behavior of "brushing single speculation letter" is the necessity of criminal law governance.On the basis of the analysis of two typical cases,this paper negates the view that the behavior of "forward brushing single speculation letter" is illegal business crime and "reverse brushing single speculation letter" is the crime of destroying production and operation.The fourth part is the current situation and problems of criminal law governance.This paper summarizes the situation that the number of criminal cases in China has soared in recent years and the proportion of criminal cases involved in all cases is large.The problems such as non-uniform regulation path,fuzzy pre-law,lack of qualification penalty and unreasonable sentencing standard are listed.The fifth part is the perfect suggestion of "brushing single speculation letter" behavior penalty management,aiming at the problems raised in the fourth part,puts forward the concrete measures to improve,and tries to form a scientific,reasonable and hierarchical criminal governance system...