Research On The Criminal Regulation System Of The Single-selling Behavior

In recent years,with continuous development of online e-commerce transactions,the phenomenon of swiping single letters has occurred frequently.The series of reports on"single-selling letters into criminal cases" has sparked heated discussions among academics,practitioners and civilians.The act of swiping a single letter of credit disrupts the normal order of socialist market transactions and has serious legal infringements,which inevitably requires criminal law and regulations.However,because China's"Criminal Law" has not specifically regulated the specific crimes of online single-selling and credit-stricken behaviors,and the effective judgments made by the practical circles on the behavior of positive credit-selling and counter-selling letters are also controversial.This has caused a growing trend in the network.Based on the principle of a legally prescribed punishment for a crime,the online platform provides a channel for online e-commerce and professional brushing.The act of swiping a single letter does not constitute an illegal business operation.The reverse brushing and single-selling behavior of the professional brushing do not constitute a disruption to the production and operation,crime.The process of using criminal legislation to make new behaviors is not a one-step process.In order to make more accurately grasping the nature of the behavior of swallowing credits and e regulate the behavior of swallowing credits effectively,it is necessary to standardize the criminal law system of the single-selling behavior based on practical cases.The research mainly includes five aspects as follows:introduction dealing with the practice dilemma of brushing the single-letter behavior and the analysis,the legitimacy of the criminal law of the single-letter behavior,the criminal law and the conclusion of the criminal behaviors.Specifically,in terms of introduction,it mainly expounds the current situation of social behavior,social harm and its criminal law connotation.In the following part,the criminal law connotation of the single-letter behavior will be based on the definition in the introduction.In the practice dilemma and analysis of the practice of swiping the letter,it mainly enumerates the effective judgment or punishment made by the judiciary for the behavior of positively scrutinizing the letter and the act of counter-selling the letter,and its judgment or punishment.Controversy provides direction for follow-up research.According to the analysis of the practical dilemma,the harmful behavior of the reverse-single-spoken actor is carried out on the network platform,which is virtual,not objective and physical damage;its violation does not directly affect the farm animals and machines.Production tools and raw materials such as equipment,the result of the hazard does not result in the destruction of the production and operation of the victim company,but only the company's products are downgraded on the network platform.Therefore,it is impossible to investigate the criminal responsibility of the one who reverses the letter and believes in the crime of destroying the production and operation.For the perpetrators of the establishment of the network-selling platform,the behaviors do not violate the state regulations,do not violate the socialist franchise order and implement the use of the network to provide information services to delete information or pay for false information.Therefore,it is impossible to pursue the criminal responsibility of the creator of the establishment of the single-selling platform.However,it is an indifference to the principle of criminal priority and the principle of punishment as a principle.In terms of the legitimacy of the criminal law of the single-selling behavior,through the analysis of the specific social harm of the single-selling behavior.It is concluded that the punishment of the single-letter behavior is reasonable and conforms to the basic principles of criminal law in China.By drawing on the social society's risk society theory and the criminal law moderation concept,it provides a feasibility analysis for the punishment of the single-letter behavior.In terms of the path of criminal law enforcement,it advocates that the current criminal law has no rules and regulations,and it is necessary to learn from the criminal legislation of extraterritorial extracurricular criminals,and to increase the crime of swallowing credits to regulate the increasingly severe power of scrutinizing letters.