Research On The Application Of Criminal Law To Online Bill Swiping

Internet shopping has had a profound impact on national economic development,commercial operation and consumer life.However,in the process of Internet shopping,the information inequality between merchants and consumers is further aggravated.The online shopping platform consumption evaluation system has become an important reference to reflect commodity information,but it has also derived the fictitious evaluation of some illegal platforms or operators through online bill swiping.Combined with judicial practice,online bill brushing can be divided into organizational bill brushing behavior,malicious praise type bill brushing behavior,malicious poor evaluation type bill brushing behavior and false praise type bill brushing behavior.However,the application of criminal law for the four types of bill brushing has not been consistent.There are not only disputes between crime and non crime,but also disputes over the application of specific charges.There are a series of problems in the identification of relevant behaviors in judicial practice.The root of this problem lies in the inaccurate application of the provisions involved,including the vague understanding of the specific constituent elements,the orientation of the thinking of criminalization of the results and the expansion of the interpretation of the legal provisions.Therefore,it is necessary to analyze the four types of bill swiping in terms of their subjective and objective elements,clarify the boundaries between crime and non crime,and determine the specific charges to be applied.The introduction introduces the research background and significance of online bill swiping behavior.The first part is the main forms of online bill swiping.This paper mainly introduces the concept analysis of network bill swiping behavior and the performance types of network bill swiping behavior in practice.The second part is the current situation of criminal law regulation of online bill swiping behavior.It illustrates the current regulatory status of organizational bill swiping behavior,malicious praise type bill swiping behavior,malicious bad comment type bill swiping behavior and false praise type bill swiping behavior in the current judicial practice through cases,as well as the disputes in the current judicial practice.The third part is the reflection on the criminal law application of online bill swiping.Analyzing the mistake of identifying the organization’s bill swiping as the crime of illegal operation,the crime of damaging production and operation applied to malicious praise belongs to the over expanded interpretation of damaging production and operation,resulting in the wrong application of crime and non crime,and the wrong application of specific charges.The fourth part is the criminal law application suggestion of network bill swiping behavior.To define the nature of different types of network bill swiping in criminal law,and clarify the identification standards of crime and non crime of network bill swiping.The crime of illegal use of information network shall apply to the organization;Decriminalize the malicious praise type of bill brushing;Maliciously negative evaluation should constitute the crime of damaging the reputation of commodities and products;The false praise type bill brushing should constitute the crime of false advertising.