On Criminal Regulations Of Online Bill-brushing

The behavior of online bill-brushing is not only the unfair competition behavior on the network,but also the overall harmfulness of the behavior has reached a serious level.It infringes on the credit interests and property interests of both parties under the network trading environment,and also causes great losses to the network trading platform.At the same time,it hinders the healthy development of the network economy,and is the malignant tumor of the network economic development.Not only that,the proliferation of the phenomenon of online billing has also become a hotbed of other cyber crimes such as cyber fraud.Therefore,on the whole,the behavior of online bill-brushing has great social harmfulness.Whether it is propertybased bill-brushing or credit-based bill-brushing,it should be restrained.Although there are some provisions in criminal law that can be applied to the online bill-brushing,there are many controversies in the academic circles about the cases in practice,and whether they can be applied accurately still needs to be discussed.In addition,most of the studies on online billbrushing behavior in academic circles are focused on the single type of bill-brushing reflected in a case,and lack of in-depth research on the criminal law regulation of online bill-brushing behavior.Therefore,it is necessary to systematically analyze the behavior of online billbrushing,find out the basis of legal regulation,draw a conclusion whether criminal law should be used to regulate it,and put forward suggestions to improve the relevant provisions of criminal law,from the legislative and judicial aspects to build and improve the regulation of online bill-brushing by criminal law.In addition to the introduction,the article mainly includes four parts.The first part is "the basic combing of the phenomenon of online bill brushing".It mainly introduces the basic concepts,classifications and actors of online bill brushing.Network transaction is the product of the development of the network era,the progress of science and technology and the improvement of people's material needs.The development of network transaction will inevitably lead to the emergence of new illegal and criminal acts in the network transaction environment,among which the online bill brushing is one of them.Different network transaction modes breed different types of online bill-brushing,mainly credit interest type and property interest type,as well as two kinds of bill-brushing coexist competing type of bill-brushing.The bill-brushing behavior is essentially a false transaction behavior,which can be traced back to the "trust" behavior since ancient times.Compared with the entrusting behavior with the body as the media,the behavior of online bill-brushing with the Internet as the media has higher efficiency and more serious consequences,so it deserves more attention from the criminal law.The second part is "the proof of criminal law regulation of online bill-brushing",which solves the problem of why to use criminal law to regulate online bill-brushing,that is,to prove whether online bill-brushing is a criminal law problem.It is necessary for the criminal law to regulate the behavior of online bill-brushing,which is mainly based on the essential characteristics of crime,namely serious social harm.In practice,the behavior of online bill brushing damages the interests of consumers,online stores and businesses as well as the interests of the platform.It has a serious negative impact on the whole network trading environment and the network economic credit system,and has serious social harm.At the same time,administrative laws and regulations and industrial autonomy means,which are essentially civil contracts,lack strong force,and have little effect on checking online bills,which is insufficient to prevent the proliferation of online bills.Therefore,it is necessary for the criminal law to regulate the behavior of online bill-brushing.It is also feasible for criminal law to regulate online bill-brushing.It does not violate the modesty of criminal law.At the same time,it has similar precedents that are regulated by criminal law.Moreover,the difficulty of obtaining evidence in practice is not insoluble.Therefore,in general,it is feasible for criminal law to regulate online bill-brushing.The third part,"The plight of criminal law regulation of online bill-brushing behavior",mainly introduces the current plight of criminal law regulation of online bill-brushing behavior,mainly embodies in the issue of what kind of charges should be applied to online bill-brushing behavior.Property interest type bill-brushing behavior can be incorporated into property crime,and there are also relevant cases in practice,which are not controversial in academic circles.Although some bill-brushing behavior has jurisprudence in practice,most of these judgments have aroused controversy among scholars in academic circles,such as "reverse bill-brushing first case","organization bill-brushing first case" and so on.The court's judgment results have aroused scholars' opinions.The controversy mainly focuses on whether the bill-brushing act should be regulated by criminal law and how to choose charges.At present,there are three main voices: one is that the online bill brushing behavior is only bad business competition,not enough to initiate criminal law;the other is that the court sentenced the online bill brushing behavior is inappropriate and should be convicted on the basis of the principle of legality of crime;the other is to affirm the court's judgment and think that the judgment is fair and reasonable.The voice of these disputes is essentially caused by the fact that the bill-brushing behavior can not correspond with the current criminal law,reflecting that the traditional criminal law provisions can not adapt to the embarrassing situation of the new era of the network.The fourth part is the suggestion of perfecting the criminal law regulation of online bill brushing,which is to solve the embarrassing situation that the traditional criminal law provisions mentioned above can not adapt to the new era of network.Combining the necessity and feasibility of the second part of the criminal law to regulate the behavior of online billbrushing,based on the regulatory dilemma put forward in the third part and the disputes among different viewpoints in the academic circles,this paper tries to improve the regulation of online bill-brushing behavior in the current criminal law by interpreting the relevant legal provisions concerning the behavior of online bill-brushing;it is difficult to regulate the existing criminal law provisions when the criminal law is needed.In order to regulate the behavior of online billbrushing,or not suitable for this provision,we should consider adding a separate charge in order to have a more complete and reasonable regulation on the behavior of online bill-brushing.