Research On The Irrationality Of Criminalization Of Internet Deletion And Posting And Scalping

In the Internet age,with the popularization of Internet application,the means of illegal operation are becoming more and more diversified.The position of illegal operation has gradually shifted from real economy to network operation.The basic provisions of the crime of illegal business operation have increasingly been developed into a universal key to conviction of various illegal network operations.In recent years,in order to cope with endless and various illegal business operations,judicial organs have constantly issued judicial interpretations to incorporate them into the scope of the crime of illegal business operation.In judicial practice,the application of the crime of illegal business operation is even more chaotic.Practical departments ignore the essential characteristics of the crime of illegal business operation and punish various illegal business operations with the crime.The crime of illegal business operation has become a real "pocket crime".For these expansive explanations and expansive application of the crime of illegal business in judicial practice,do you think this is reasonable? And how should you characterize this behavior if you think it is unreasonable? For this problem,the academic community has launched a heated discussion.At present,the Supreme People’s Court and the Supreme People’s Procuratorate have made more and more judicial explanations to constantly expand the scope of the crime of illegal business operation.In judicial practice,the judicial departments frequently quote the basic provisions of the crime of illegal business operation,and take all kinds of illegal operations into the "big pocket" of the crime of illegal business operations.The paper will take a critical view to analyze the illegal business activities on the network accurately and rationally,and demonstrate the rationality of the definition of illegal business activities on the network from the two perspectives of Internet deletion and posting and scalping.The precondition of having a comprehensive understanding to the crime of illegal business operation and its judicial interpretation is to clarify the essential characteristics of the crime of illegal business operation.Explaining the characteristics of the crime of illegal business in detail should start from the legal regulation of Article 225 of the Criminal Law.The analysis of its criminal characteristics should focus on three aspects: state regulations,other illegal business operations that seriously disturb the market order and the legal interests protected by the crime of illegal business operation.The interpretation of "violation of stateregulations" is mainly from the scope of "state regulations" and the necessity of subsidiary criminal liability clauses.The interpretation of "other illegal business operations seriously disrupting market order" is mainly from two aspects: the definition of "business operations" and its type of behavior.Mastering these three aspects is enough for us to have a clear understanding of the crime of illegal business operation.Demonstrating the rationality of definition of online paid deletion and posting starting from Article 7 of the Interpretation should mainly analyses the crime of illegal business operation from the legal provision and system explanation and demonstrate whether online paid deletion and posting constitute the crime of illegal business operation.Through the analysis of the characteristics of the network paid deletion and posting and the nature of the crime of illegal operation,we can conclude that the network paid deletion and posting behavior does not reasonable "state regulations" as the legal basis,violates the definition of "business operation",does not belong to the type of illegal operation crime,and does not conform to the legal interests protected by the crime of illegal operation.Therefore,online paid deletion and posting can’t constitute the crime of illegal business operation.With regard to the rationality of definition of scalping,through the analysis of the characteristics of the crime of illegal business operation,we can see that scalping does not have reasonable "state regulations" as the legal basis,violates the definition of "business operation",does not belong to the type of illegal operation crime and the protection of legal interests,and can not be punished as the crime of illegal operation.Explaining the essential characteristics of the crime of illegal business operation in detail,keeping pace with the times,and analyzing the rationality of the online paid deletion and posting and scalping will help to fully grasp the crux of illegal business operation on the Internet.