The Legal Analysis Of Dong And Xie's False Credit Evaluation Of Online Shop Downgrading Case

Since the establishment of the online trading platform,on the one hand,it has promoted the development of the social economy,and on the other hand,it has also brought a series of problems.Among them,the false credit evaluation behavior in online trading has seriously hampered the long-term development of the trading platform.According to the Anti-Unfair Competition Law and the Measures for Online Trading Management,the regulation of false credit evaluation can no longer play a role.It is necessary to impose a criminal law system on false credit evaluation behaviors that have serious social harm.In view of this,this article selects a case that occurred on Taobao due to fraudulent credit evaluation,and made a clear determination of the nature of the case.At the same time,the paper put forward some suggestions for the false credit evaluation behavior prevailing on the online trading platform.Hope to help improve the online trading environment.This article is divided into three parts:The first part introduces the basic information of the case and summarizes the focus of the dispute.To combat competitors,Dong hired Xie to “badly criticize” the competitor's online shop,making the competition subject to the search and drop of authority on the Taobao platform.What are the crimes of Dong and Xie? Is it the crime of damaging business reputation and product reputation? Or destroy the crime of production and operation?The second part is a legal analysis of the focus of the dispute in this case.Through the analysis of the constitutive elements of the damage to commercial reputation and commodity reputation and the combination of cases,it was concluded that Dong and Xie jointly implemented the act of damaging the right-holder's right of goodwill,and the economic losses of Dong and Xie's bank and online shop.There is a causal relationship between the two,as the indirect economic losses caused by Dong and Xie's actions to the subject of rights should be included in the major losses.Although the amount of the prosecution standard is not met,the two's actions are in line with the prosecution standard.The other serious circumstances stipulated in the above constitute the crime.At the same time,through the analysis of the legal interests protected by the crime of destroying production and business operations,the crime's criminal object,and the analysis of the behavior,combined with the case,it was concluded that Dong and Xie's actions did not constitute the crime of damaging the production and operation.The third part is the thinking triggered by this case.Based on the foregoing analysis,the reputation and commodity reputation.At the same time,for the false credit evaluation behavior in online transactions,the author proposes the following regulatory proposals: clarifying the supervision responsibility of the online trading platform,establishing a third-party credit evaluation system and speeding up online transaction legislation.