The Criminal Law Qualitative Analysis Of "Network Pengci" Behavior

"Network Pengci" as a new type of "Pengci".In recent years,with the development of network technology,the rise of online shopping and the emergence of the "Pengci","Network Pengci" is a hot topic."Network Pengci" not only is a theoretical problem,but also a practical problem.In theory,the scholar's professional research is less,research results is more less.There are many blind spots and blank points need to be filled,for example,cause analysis,form of expression and the analysis of accusation.In practice,the "Network Pengci" cases have three difficult problems need to be solved,they are difficult to investigate,evidence difficult and difficult to identify.Take this as the topic,based on the comprehensive analysis of the causes of "Network Pengci"form and characteristics.Then focusing on the theoretical basis of criminal law and crime analysis of "Network Pengci"criminal.Finally,some suggestions are put forward.These suggestions can not only promote the public understanding of the "Network Pengci",but also can provide reference for theoretical research and judicial practice,in order to better curb and combat the "Network Pengci" behavior.To be specific,first,in the form of expression,by listing the typical "Network Pengci" cases,introducing the most common and typical forms of "Network Pengci",they are malicious bad review "Pengci",malicious return type "Pengci" and malicious complaints "Pengci".These forms can include most of the "Network Pengci" behavior.Secondly,this article holds that the "Network Pengci" constitutes a crime in the criminal act.According to the criminal law crime characteristics,criminal illegality,social harmfulness and criminal punishment to analyze in theory,and a detailed analysis of three common forms may touch the charges,tend to think that make crime of extortion,and insurance fraud.Last,on the basis of the former analysis,the characteristics and the theoretical analysis of the crime,putting forward the pertinence and feasibility of the proposal,in particular,the microscopic criminal law proposal.Through the improvement of criminal investigation means,regulate the network form of electronic data evidence to solve the "three problems".And putting forward the principle of "the defendant to the plaintiff" to solve the problem of jurisdiction,more conducive to "Network Pengci" victims timely and effectively safeguard their legitimate rights and interests,reduce the cost of rights,and more responsive to the wishes of the victim.Determination of the number of crimes,increasing the punishment principle on the basis of the punishment of implicated offense,choose a felony punishment principle,no more than one size fits all,conducive to a comprehensive and accurate determination of the number of crimes,charges,and better practice the basic principles of legality.