Research On The Application Of Criminal Law To The Serious Unfair Credit Evaluation Behavior Of Online Purchase And Sale

Unfair credit evaluation of online purchasing and selling refers to a kind of dishonest behavior in which the actor violates the principle of honesty and credit in online sales or online shopping and uses the credit evaluation opportunities obtained after successful transactions to maliciously discredit others’ reputation or tamper with personal reputation.There are two types of improper credit evaluation behavior in online purchasing and selling: the first one is the operator-led improper credit evaluation behavior,which includes favorable returns,harassment of bad reviews,inappropriately stimulating positive and negative reviews;the second one is the consumer-led improper credit evaluation behavior,mainly in the form of malicious evaluation.Because of the low illegal cost,wide dissemination scope and the characteristics of eliminating the difficulty of influence,the improper credit evaluation in the online purchase and sale market is becoming more and more rampant,and the practical problem of lacking effective regulation is particularly prominent.The causes of the improper credit evaluation of online purchasing and selling can be divided into three aspects: the fundamental reason lies in the profit-seeking between operators and consumers,the subjective reason lies in the weak credit concept of the main body of online purchasing and selling,and the aim reason lies in the defects of the credit evaluation system of online purchasing and selling.The necessity of criminal law regulation on the serious improper credit evaluation of online purchasing and selling lies in its infringement of legal interests,serious social harmfulness and punishment.The existing legislation on credit evaluation of operators,consumers and online purchasing and selling platforms provides a legal basis for the criminal law application of the serious improper credit evaluation and the premise of feasibility for online purchasing and selling.On this basis,according to the theoretical controversy caused by the academic circles on the constitution of the crime of serious improper credit evaluation of online purchasing and selling,the article elaborates the specific reasons that make up the crime of damaging commercial reputation,commodity reputation and the crime of destroying production and operation,does not make up the crime of illegal business operation,and puts forward the perfect conception of the criminal law application of the serious improper credit evaluation of online purchasing and selling including: defining the penalty,the subject of responsibility,the renewal of criminal responsibility sanctions system,the rational application of charges and timely issuance of relevant criminal guidance cases.