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Criminal Regulation Of False Credit Evaluation In Internet Transactions

Posted on:2020-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:H XuFull Text:PDF
GTID:2416330572978251Subject:Law
Abstract/Summary:PDF Full Text Request
Since the entry of the human society into the Internet era,the rapid development of the Internet has promoted the prosperity of the market economy.However,behind the prosperity,there have also been malicious crimes in which the industry is over-competitive and harms others,which has seriously damaged.Integrity management of the Internet trading market.Honesty is the traditional virtue of the Chinese nation.Credit is also a key element in the development of online transactions,and any business activity is based on integrity.However,there are still a lot of untrustworthy behaviors in online transactions,which seriously hinder the development of the network economy.This paper takes the false credit evaluation behavior in online transactions as the research object,and selects a malicious praise case that occurred on Taobao for analysis.The article is divided into six parts:The first part is the introduction,introducing the first case of "Nanjing malicious praise",pointing out the disputes existing in China's existing theory and proposing its own views.The second part is an overview.The false credit evaluation behaviors in online transactions are defined into three categories,and their manifestations and causes are separately explained.The third part is the necessity of criminal law system.Firstly,it sorts out the serious social harm of false credit evaluation behavior.Secondly,it is difficult to effectively regulate it by civil and administrative means.Therefore,it can be considered from the criminal point of view of serious untrustworthy behavior in online transactions.Enter into sin.The fourth part is about the extraterritorial situation.It introduces the coping methods adopted by the United States and South Korea for false credit acts,and the enlightenment brought about by the current untrustworthy behavior of China's regulation.The fifth part is the case analysis.The malicious praise in the false credit evaluation is taken as an example to discuss the application of the crime of destroying production and management.In the era of the Internet,"destruction" not only includes direct damage to the means of production,but also clarifies the specific application of "other methods".Starting from the objective constituent elements,analyzing the malicious praise constitutes the reason for the crime of destroying production and management.The sixth part is the regulation suggestion,which mainly proposes the future countermeasures when using the criminal law to regulate the network untrustworthy behavior,expounds the necessity of the protection of the Internet credit system,and proposes the idea of establishing the crime of destroying the credit evaluation of the network market.Advocate the implementation of the real-name system construction of online stores,raise the awareness of credit business in the e-commerce industry,and jointly resist illegal criminal behaviors such as false credit evaluation.
Keywords/Search Tags:false credit evaluation, malicious praise, regulation, crime of production and management, network credit system
PDF Full Text Request
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