Research On The Criminal Liability Of Network Swiping Behavior

The emergence of network brushing behavior caused the false prosperity of the network trading market,which is not conducive to the long-term healthy development of network trading.Along with the first case of network brush single case criminalized,the criminal illegality of network brush single behavior first emerged.In recent years,the network brush single showing the trend of industrialization,chain,professional,the judicial authorities to combat the brush single gang involving hundreds of millions of dollars.Theoretical and judicial circles on the network brush single behavior of the identification of in-depth investigation,but the lack of special legislative provisions,the network brush single behavior of what crime to pursue criminal liability is still a big controversy.In view of this,this paper takes the judicial case as the basis of research,and the criminal law responsibility of the network brush single behavior.This paper has four chapters.The first chapter is "the standard definition of network single act",this chapter analyzes the connotation,characteristics and types of network single act in China,explains how the current network single act operates,and leads to the infringement of legal interests brought by the network single act.The second chapter is"the judicial recognition and dilemma of network single act",combined with relevant cases,the current situation of China’s network single act of applying criminal law to summarize,and summarize the problems in the judicial determination:firstly,whether the crime of false advertising to determine the reputation of the brush behavior,the crime of"aggravating circumstances" and how to apply;secondly,the application of the crime of disruption of production and operation,there is a problem of underwriting provisions can’t be reasonably applied;thirdly,the crime of damage to business reputation,reputation of goods is questioned the way of conduct and its incrimination criteria to regulate the brush behavior;fourthly,the crime of theft to determine the inadequacy of the property type brush behavior;fifthly,the crime of fraud to determine the inadequacy of the property type brush behavior.The third chapter is the "network single act of legal regulation of foreign experience",summarize the legal provisions of the United States,Germany,Japan and Korea,and propose what we can learn from them.The fourth chapter is "the optimization path of the criminal law regulation of the network swiping behavior",for the judicial determination of the dilemma,this paper advocates adhering to the principle of statutory crime and punishment as the premise,with the principle of criminal law modesty as the guarantee,and proposes the optimization path of the application of criminal law for the credit type swiping behavior and property type swiping behavior,that is,through the formulation of judicial interpretation,improve the relevant legal In this way,the existing problems of judicial determination of credit-type swiping behavior can be solved.At the same time,from both theoretical and judicial practice,it is proved that the crime of contract fraud is a better choice to regulate the property-based swiping behavior.