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An Analysis Of The Destruction Of The Production And Operation Cases By Dong And Xie

Posted on:2019-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y HouFull Text:PDF
GTID:2416330545974634Subject:Law
Abstract/Summary:PDF Full Text Request
The rapid development of the Internet has promoted the ever-growing economy of consumer e-commerce.Despite its remarkable growth speed,influence and superiority,it is admitted that it is still in its early stages of development,that the network market operating environment in which it operates,the environment in which relevant laws and regulations are regulated,and the environment in which consumers are protected are not sound enough.Therefore,in the development process,there are many problems that can not be ignored,such as the imperfect information of goods and the protection of consumer information.Establishing an effective security oversight mechanism is an effective way to solve these problems and ensure the steady and rapid development of consumer rights and e-commerce economy.In the rule of law in social life,only by establishing a strong legal system for online shopping can we reasonably and efficiently ensure the development of the network market economy.Based on the above background,this article takes the first case of bad credit rating of Taobao in China as the starting point,and analyzes the law nature and legal liability according to the behavior of single-action customers.Therefore,it discusses the relationship between the criminal and civilians,clarifies the level of criminal value,analyzes how the brush-line acts in the era of network economy have penalty punishments.By using the criminal law to explain and analyze the legal interests,behavior means,consequences and subjective elements that destroy the crime of production and operation,Legal Analysis of Cybercrime in E-commerce Economic Market.Propose legal system to reasonably regulate the existing economic crimes of consumer e-commerce.In this case,the act of brushing a single act through defaming the goodwill of others and realizing the purpose of unfair competition with the supervision mechanism of Taobao platform.For such reverse brush speculation behavior,it is necessary to assess whether it is a crime of damaging commercial reputation or reputation of goods Have a correct understanding of the single act of brushing,but also need to conduct a legal analysis of the related charges.The theory of criminal law combined with specific acts of conduct qualitative behavior and charge analysis.Whether the common crime requires that the perpetrator must have the same subjective intention and whether the perpetrator of the case constitutes a common crime is not the focus of controversy in the trial of the case,but it still has the value of academic discussion.This article starts from a relatively typical case and leads to the interpretation of the relevant laws and regulations in line with the objective needs so as to come up with a proper standardization method for relevant behaviors.The unique characteristics of the network trading platform,forming a network with its appropriate criminal activities,such as brush speculation has formed a more mature industry chain.It is necessary to set up a punishment mechanism for such cybercrime as soon as possible so as to ensure the legitimate rights and interests of consumers and promote the healthy and orderly development of the e-commerce economic market.
Keywords/Search Tags:criminal-civil relations, undermining production and management, undermining business reputation,reputation of goods, joint crime
PDF Full Text Request
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