The Criminalization Of Deducting The Amount Of Purchase By The Integral Obtained By Clicking Farming

With the popularity of online shopping,in addition to the increasingly fierce competition among the platforms,the competition is also fierce among the stores in the platform.Shops owners in order to improve their store sales and the evaluation of products,they will find someone to use click farming as a supplementary approach to achieve this goal.As a result,the click farming industry has been derived.Because of the click farming,when consumers are shopping online,they will be mislead based on sales volume and evaluation.This kind of behavior disturbs the social and economic order to a certain extent,and constitutes unfair competition to other business operators.After the revision of Law of the People of China on Anti-Unfair Competition Law,it formally included the act of the click farming into the regulation of the law.The sentencing of the first case of the click farming also shows the society that the acts can be completely investigated for criminal responsibility.However,with the further development of online payment,different types of click farmings have been appeared.This kind of behavior is regulated by economic laws or regulations of criminal law,different people have different opinions.In order to further define the nature of click farming,this paper try to clarify the boundary between economic illegal behavior and criminal offence by analyzing the criminal attributes of the integral and the qualitative analysis of the click farming.The article is divided into four parts:The first part: the brief introduction of the case and the focus of its controversy.This part briefly introduces the basic situation of the case,different opinions and the focus of controversy.The second part: the legal analysis of related issues.This part focuses on the controversial focus of the case and analyzes the legal issues.Including: First,the identification of the property of the integral criminal law.By analyzing the characteristics of property,and combining the characteristics of integral,it is foundthat the integral has the characteristic of property.Second,the characterization of the behavior of the click farming.By comparing the behavior of different types of click farming,it is expected to classify the behavior of Lu.Third,Analysis of the boundary between economic illegal behavior and criminal offense.According to the social harmfulness of the crime,the criminal illegality and the penalty punishment,the economic offenses and criminal offenses are classified.Fourth,The boundary of the crime of theft and the crime fraud is expounded in theory.This paper analyzes the crimes that may be involved in this case,and probes into the distinction between the elements of the crime of theft and the crime of fraud.The third part: The analysis and conclusion of the case.This part is mainly based on the legal analysis of the case to make the final qualitative case.The key points in this case are qualitatively defined as follows: First,Lu’s behavior is an economic offense or a criminal offense,which is a division of crime and non-crime;secondly,The act of Lu is a whole act or two independent acts,which is the boundary between the crime and the other.The fourth part: the research enlightenment of this case.Through the analysis and research of the case,I believe that we can not blindly follow the way to amend the criminal law to deal with the new issue of judicial practice.In the face of new problems in judicial practice,it is necessary to analyze the case with the method of interpretation of criminal law.It is also important to establish the case guidance system and the perfect supervision system to deal with the new problems brought by the information network.