Research On Legal Regulation Of Online Click Farming

As a new type of illegal behavior in the field of the Internet,online click farming develops worse through the direct implementation of online shop operators and brushing,the cooperation of express delivery and logistics companies,and the passive inaction of e-commerce platforms.However,the theory and practice of legal regulation of online click farming have not been unified in China.As a result,online click farming itself is not only forbidden repeatedly,but also prone to more harmful online fraud crimes,which has gradually been widely concerned by the majority of scholars and the public.In China’s current relevant laws and regulations,there are a lot of provisions about online click farming,which can be applied to regulate this behavior,but we have to admit that there are still many problems such as incomplete legal norms and insufficient punishment.There is no doubt that this is a topic worthy of scholars’ attention and research.This paper collected and sorted out relevant literature materials,and studied the legal regulation of online click farming in China through comparative analysis and empirical analysis.First of all,after clarifying the concept and implementation mode of online click farming behavior,the causes of this behavior are analyzed from the perspectives of many different subjects involved in the formation process of this behavior,such as online shop operators,brush hands,express companies and e-commerce platforms.By comparing the reasons obtained from the perspective of the above subjects,it can be concluded that there are two common reasons,that is,there are disciplinary loopholes in the law and the online click farming is hidden.In addition,according to the analysis of the legal attributes of online click farming from different perspectives,it is found that this behavior has multiple illegality characteristics.In practice,can be based on specific facts specific analysis,thus accurate qualitative.Cause analysis and illegality analysis are the basic work for the follow-up study on legal regulation of online click farming in China,which is conducive to promoting the development of this study in the right direction.Secondly,through combing the legal regulation status quo of online click farming in China,we can understand the legislation status quo,law enforcement status quo and judicial status quo of the legal regulation of this behavior.Although the legal regulation of online click farming has made obvious progress in China,there are still many shortcomings in practice.In terms of the legislation of this behavior regulation,the legal nature of online click farming is not clearly defined,and the subject range of relevant legal liability is relatively narrow.In the aspect of law enforcement,there are mainly problems such as low efficiency of law enforcement by regulatory departments,lack of continuous supervision,and imperfect third-party supervision system.In terms of judicial issues,the complexity of seeking relief procedures and the difficulty in identifying the subject of responsibility lead to the high cost of solving the dispute over the order of stamping.In addition,it is difficult for consumers to provide evidence,which is not conducive to the consumers whose legitimate rights and interests are damaged to seek fairness and justice through the judiciary.Thirdly,as e-commerce originated from foreign countries,foreign studies on this earlier,so some reasonable practices outside the region have important reference value,worthy of China’s reference.In terms of accountability,both the United States and South Korea have moderately increased the punishment of online singles.In terms of supervision,the United States realizes scientific supervision by monitoring the credit records and transaction behaviors of both parties through third-party credit rating agencies.In terms of consumer protection,the EU’s ultra-high level of fundamental protection for consumers has become the core of the regulation of online brushing and other illegal acts.Finally,the paper draws on relevant overseas experience and the actual situation in China to put forward suggestions on improving the legal regulation of online brushing in China.Based on the current situation of legislation and regulation of online brushing,clearly defining the legal nature of online brushing and broadening the scope of relevant legal liability are important measures to do a good job in prevention mechanism.We will strengthen oversight and law enforcement,diversify other forms of oversight,and resolve existing problems in law enforcement.It is suggested that the burden of proof should be reasonably distributed,the online trial mechanism of Internet courts should be promoted,and the online dispute settlement channel should be established to balance the weak position of consumers.