Research On Criminal Regulation System Of Click Farm Behavior

In recent years,with the popularity of the Internet,online shopping has become a new consumption model that affects people's lifestyles.However,for most network operators,influenced by the competition model of Taobao and other platforms,in order to maximize the flow of more traffic and customers,they must use special means to enhance the credibility of their stores to obtain greater traffic.And bring more benefits to it.Among these methods,the most common one is the network brushing behavior.Nowadays,the behavior of brushing singles is no stranger to the public and scholars.How to eliminate or suppress this illegal phenomenon has become a hot topic in the society.In response to the network,the major e-commerce platforms have introduced corresponding control measures.In recent years,China has increased the legal attack on the network's billing behavior,and relevant cases have emerged.Among them,the most representative cases include the case of Hangzhou Li Moumou's organization of single-platform speculation and the first case of Nanjing's network brushing,which also indicates that China is really attacking the increasingly serious phenomenon of network billing from the criminal law level.Although both cases have been settled,the criminal law discussion on the brushing behavior has just begun.What is the basic concept of the brush list,and what are the hazards of the brush list,and what regulations are currently being sorted out.Based on this,the author intends to start from the three aspects of the concept of network brushing behavior,the status quo of governance and the criminal law system,and explore the criminal law system of online brushing behavior.The first part is to clarify the basic concept of network brushing behavior,analyze the main characteristics of the behavior,and clarify the scope and type division of the network brushing behavior.The second part combs the status quo of the governance of the network brushing behavior,points out the problems in the legal regulation of the network brushing behavior,and then combines the two related cases to analyze the behavior of the single letter and the reverse brushing,and refers to the current crime.The statutory principle analyzes the crime of illegal business operation and the crime of destroying production and management based on the crime constitutional perspective,so as to explore the legal issues of the single-platform speculation and the seller's reverse action.The last part is about the criminal law system of network crimes.First of all,on the basis of adhering to the principle of legality of crimes and the principle of modesty and punishment of criminal law,this paper explores the ideas of conviction under the current criminal law framework.Secondly,when it is still impossible to reasonably regulate through judicial interpretation,it draws on relevant foreign legislative experience to establish a type of nuisance business stipulation network stipulation behavior,to realize the concept definition of the singular behavior and its complete legal evaluation.In addition,the pre-establishment law should be accelerated to provide a clear basis and scope for judicial activities.Finally,in order to better combat or contain the behavior or phenomenon of network brushing,in addition to the need to improve relevant laws,it also needs the close cooperation of e-commerce platforms,strengthen the monitoring and punishment of the billing behavior,regulate the trading market,and introduce and improve credit.The evaluation mechanism will strike a more severe blow on the behavior of the brush to ensure the stable and healthy development of the e-commerce market.