Research On The Criminal Regulations Of Internet Speculation

With the vigorous development of the Internet economy and technology,many different forms have emerged in my country’s e-commerce field,and a gray-black industry chain with a clear division of labor has formed.Only acts of unfair competition on the Internet have also seriously infringed on the reputation and property interests of both parties in the online trading environment,and caused great losses to the online trading platform,and at the same time hindered the healthy development of the online economy.Not only that,the proliferation of online speculation has also become a hotbed of other cyber crimes such as online fraud.Therefore,Internet speculation has greater social harm as a whole,and it is bound to be regulated by the criminal law.Although there are some crimes in the criminal law that can be applied to Internet speculation,the precedents in practice have caused widespread controversy in the academic circle,and whether they can be accurately applied still needs to be explored.In addition,the academic research on online credit speculation is mostly based on the pertinent rationale research of a single type of transaction reflected in a certain case,and there is a lack of overall research on the criminal and legal level of online credit speculation.Therefore,the author believes that it is necessary to conduct a systematic analysis of online credit speculation,find suggestions for perfecting the corresponding criminal law,clarify the application boundary between this crime and the other crime,and construct and improve the criminal law’s online credit speculation behavior from the legislative and judicial aspects Regulation.In addition to the introduction,this thesis includes four parts.The first chapter mainly summarizes the online credit bank,mainly defines the credit bank as the forward credit bank and the reverse credit bank,and concludes the necessity of criminal regulation on the credit bank by combining the qualitative difficulties of the credit bank in judicial practice and the current situation of different sentences in the same case.The second chapter analyzes and summarizes the qualitative and conviction basis of credit bank in judicial practice from the two aspects of forward and reverse credit bank,and discusses in detail the defects of illegal operation crime,false advertising crime and destruction of production and operation crime in practice.The third chapter carries on the thorough research to the criminal law interpretation theory,lays the theoretical foundation for the discussion after the article.The fourth chapter based on judicial qualitative and defects existing in the second chapter and the third chapter of the criminal law explanation theory research,through the Fried involves network nobuyuki on charges related to explain or negative way to perfect the current criminal law of network fire nobuyuki for regulation,in order to network fry nobuyuki to have more complete and reasonable regulation system.