Criminal Law Regulations On Fake Review For Online Shopping

With the development and application of internet technology,internet has been deeply merged with social production and people's living.Online activities seamlessly integrates into the off-line activities through Internet.The application of internet gives birth to plenty of online transactions,as well as lots of new issues such as fake review,which is the typical problem.Although we have regulations on fake review in Anti-unfair Competition Law,the relevant state departments have taken actions to regulate and curb the behavior of fake review.However that kind of behavior becomes even increasingly fierce.The fake review not only has impacts on social concept of integrity,but also hinders sound development of internet economy,and causes many criminal activities such as fraud activity.The behavior of fake review was convicted and penalized by juridical practice.However the handling result caused widespread disputes.Given this situation,taking the most typical and representative fake review for online shopping as research object,this thesis analyzes the fake review itself and criminal law regulations on it under the guidance of dogmatics of criminal law.The body of this thesis is divided into four parts.The first part provides general description of fake review for online shopping.It mainly focuses on definition and combing of the concepts of fake review,causes of frequent behaviors of fake review and their types.Based on analysis of features of practical fake review and referencing the their classifications undertaken by the former researcher,this thesis divides the behavior of fake review into three categories such as fake favorable comment,vicious negative comment and vicious favorable comment.This part provides premise for probing into criminal law regulations on fake review in the following paragraphs.The second part describes the necessities of criminal law regulations on fake review for online shopping.This part firstly provides deep analysis for legal interests that the online shopping has infringed,and points out that the behavior of fake review mainly infringed the legal interest of fair competition order in e-business.Meanwhile,fake review might infringe some other legal interests.It then summarizes the status and deficiencies of civil law,economic law and administrative laws and regulations on fake review.As fake review infringes legal interests,the civil law and economic law are insufficient to regulate the behavior of fake review.It is necessary to use criminal law regulations.The third part describes the criminal law restrictions on fake review for online shopping.This part separately elaborates the criminal law regulations against behaviors of fake favorable comments,vicious negative comments and vicious favorable comments.It provides proper conclusions of handling fake review based on deep analysis of criminal law regulations combined with features of various fake review.Through analysis,this thesis holds that the behavior of fake favorable comments don't constitute false advertising crimes.The organizer of fake favorable comments has no crime of illegal business operations.The organizer of fake favorable comments also has no crime of illegal use of information networks;the vicious negative comments may constitute offence of extortion by blackmail;the vicious negative comments might constitute crimes of destroying reputation of business and commodity;vicious favorable comments might constitute crime of destroying production and management.The vicious favorable comments don't constitute crimes of destroying reputation of business and commodity.The forth part supplements the criminal law regulations regarding faking review for online shopping.This part firstly points out that the existing criminal law regulations regarding faking review has some deficiency,and reflects doubts about whether it is reasonable to criticize fake review which has the same essences to be different crimes separately.It then expounds the connotation and meanings of modesty of criminal law,and states that resolving the deficiency and doubts about criminal law regulations regarding fake review should comply with the idea of modesty.Finally,under the guidance of idea of modesty,it shall choose to add the crime of fake online transactions that can stipulate and limit the behavior of fake review.For the behavior of fake review with viciously negative comments or viciously favorable comments,they should be restricted by existing criminal law.