Research On Legal Regulation Of Click Farming Behavior

The rapid development of network technology industry in China has changed people’s traditional trading habits.In the 21 st century,the Internet penetration rate in China has reached nearly 80%.The Internet has been integrated into our lives,and online shopping has brought real convenience to people.However,as the saying goes,"prosperity and profit must produce a disadvantage",the rapid development of online trading market at the same time,it also intensifies the competition between businesses,and at the same time,there are problems such as click farming orders.In recent years,the legal application of click farming behavior is a hot issue of new Internet law.The discussion of Chinese scholars on "what laws should be used to regulate click farming behavior" mainly originated from the "click farming into the first criminal case" in2016.In the theoretical circle,there are disputes about the nature of "click farming",such as "credibility click farming","cash-type click farming" and "denigration click farming".There are "affirmative" and "negative" views in the discussion of "whether click farming behavior should be regulated by criminal law".Due to the difference of viewpoints in the theoretical circle,there exists the phenomenon of "different judgments for the same case" in the practical circle in the application of law and judgment of click farming cases.Only unified judgment rules can help judicial authorities avoid the problem of "different judgments for the same case" and finally promote the healthy development of China’s Internet trading market.In this paper,the retrieval analysis method of "class cases and related cases" is used to sort out and analyze hundreds of click farming cases,and objective data are used to reveal the existing problems in the legal regulation of click farming behavior.It is hoped that this study can provide material for further research of scholars on the one hand and provide some reference for law enforcement and judicial activities of click farming cases on the other hand.This paper first gives an understanding of click farming behavior,and expounds its development background,process,causes,types and characteristics.Secondly,it sorts out the current regulation status and typical cases of click farming behavior,conducts case analysis on retrieved data samples through empirical analysis,and presents the data analysis results of legal regulation of click farming behavior.This paper analyzes the practical dilemma of legal regulation of online click farming by analyzing the application of laws,the gist of judgments and the amount of fines in the current cases of online click farming.Thirdly,the status quo of legal regulation of click farming behavior in foreign countries is sorted out,and the enlightenment of the status quo of legal regulation of click farming behavior in foreign countries to the existing laws in China is further analyzed through comparative analysis.Finally,the paper discusses the future reform of legal regulation of online click farming in China and puts forward corresponding countermeasures.At present,there is no clear provisions of criminal law in china on how to regulate click farming behavior.Therefore,click farming behavior should not be arbitrarily charged with "mouth crime",otherwise it will violate the principle of statutory punishment for a crime.In view of such cases,there are problems such as non-standard civil legal liability,lack of administrative responsibility,and vague punishment standards,the author suggests that in terms of platform liability,industry legislation should be improved to optimize the management of platforms.In civil liability,we should improve the specific provisions of civil liability;In the aspect of administrative responsibility,the types and applicable standards of administrative responsibility should be improved.In the aspect of criminal liability,it can be regarded as the last guarantee to regulate click farming behavior,the theory of criminal liability should be perfected,the corresponding legislation should be perfected,and it can be regarded as the last means to regulate click farming behavior after legislation.