Research On The Qualitative Problem Of Criminal Law Of Malicious Reverse Fake Review Behavior

With rapid development of the Internet industry and improving people’s lives,the production of large changes in human beings,the deficiencies in legislation are gradually reflected.Some lawbreakers take advantage of the deficiencies of the network transaction system and carry out behaviors that seriously harm the network transaction order,such as the practice of fake review only and speculating on credit.Nowadays,false publicity is not unfamiliar to the public and scholars.How to prevent or restrain this illegal phenomenon has become a hot topic in the current society.Major e-commerce platforms have introduced corresponding control measures for online brushing.In recent years,China has intensified the legal crackdown on online brushing,and relevant cases keep emerging.It is far from enough to adjust market behaviors and protect the growth and development of the online economy only through the existing laws and regulations.To this question still needs through the thorough research,the reasonable suggestion better service judicial practice.The so-called malicious reverse brushing behavior refers to the behavior that the perpetrator uses the mechanism of punishing fake transactions on the e-commerce platform to buy a large number of merchants’ goods and services and give them favorable comments,so that the e-commerce platform recognizes the existence of fake transactions and punises them.Thus,the search authority of the competing shops is reduced,the customer flow and purchase volume of the competing shops are affected,and the purpose of illegal Achieve competition.Whether malicious inverse brushing action can be defined as a crime that destroys production and manipulation.there is still a big dispute in the theoretical circle.It is harmful for people to lack trust in the network society.Especially due to the occurrence of speculation,credit may be false,which disturbs the trading order of the network market and damages the security and stability of the market,the harmness of reverse brushing and speculation is bound to multiply exponentially,and the credibility system of online trading and the legitimate businesses under the protection of the credibility system will suffer serious economic losses.This article combines the classic judicial case,carries on the brand-new interpretation to the destruction production management behavior.Through the analysis of the constituent elements of the crime of destroying production and operation,the author deeply interprets "other methods".Secondly,by analyzing the rationality and necessity of malicious inverse brushing as acrime destroying production and manipulation,it describes whether it can constitute a crime that destroys production and manipulation.Clarification of existing legal systems for the clear definition of the nature of behavior,the behavior of the major regulatory pathways.facilitate the detection of existing laws in judicial practice loopholes,so that the judicial practice,more accurate determination of the nature of malicious reverse brushing behavior,to maintain the stability of the market economic order and the rights and interests of buyers and sellers.