Research On Criminal Regulations Of Click Farming

As an industry phenomenon,click farming has been expanding with the development of information technology and e-commerce.Click farming has caused increasingly severe problems to society.However,the platform autonomy punishment rules and the current laws on the regulation of click farming are relatively lagging and they also fail to meet the needs of judicial practice.In this case,it is necessary to use the "last line of defense"-criminal law to regulate fake review online.Through comprehensive application of literature analysis method,comparative analysis method and big data analysis method,this paper researches How is click farming defined in criminal law,and it’s different behaviors in practice.Then the thesis explores the controversial theories and proposes suggestion in the legislation according to the present law and practicing in our nation.The first part of the paper mainly discusses how is click farming defined in criminal law and the necessity.Then the paper studies the click farming from the subject,behavior mode,behavior object,behavior purpose,and consequences.And combine the relevant cases to identify the main performance and get rid of less harmful behavior.The paper concludes that the term " click farming"in criminal law is referred to the behavior that the merchant takes action to take fraudulent transactions,false merchant credit and other improper means in order to obtain the advantage of unfair competition or property interests,which infringes upon the consumers’ right to know the situation and disturb the healthy running order of the network.Secondly,the thesis discusses the necessity of criminal regulation of click farming from three aspects:the social harm of online bill ordering,the lagging of current legal regulations,and the inevitability of the development of the criminal law of network security.And provides a legal basis for the study of the criminal law regulation of click farming.The second chapter of this article analyzes the current status of click farming in criminal law regulation and theoretical doubts.In criminal law,the operator who clicks farming for competitors will be identified as the Crime of destroying production and operation.And scrounging money off clicks farming will be identified as the crime of fraud,Then the paper analyzes theoretical doubts that organizing clicks farming will be identified as the crime of illegal business operation.Besides,although at present,there is no stipulation about the crime of the network business platform in the accusation of criminal law in our country,it also puts forward the possibility that the criminal liability of the online trading platform can be regulated by the criminal law to help the criminal or the omission crime that fails to fulfill the management obligation.The third part expands the specific explanation of the theoretical dispute points raised in the second part.The first is that the theoretical controversy of the network operator’s click farming behavior mainly focuses on two points.The one is whether the reverse "favorable comment" act constitutes a crime of injury to Production&Business.The author believes that from the perspective of historical interpretation and semantic interpretation,reverse "favorable comment"and "destroy machinery and equipment" and "damaged farm animals" do not have homogeneity,and cannot expand the crime of destroying production and operation according to the principle of similar interpretation.The other is how to determine the nature of scrounging money off clicks farming.The author believes that it should be identified as the crime of fraud.The system of the online trading platform does not have the "disciplinary consciousness ability".There is no subjective fault,which does not have the composition elements of the crime of fraud.Secondly,whether the act of organizing clicks farming constitutes a crime of illegal business operation.The author will proceed from the elements of the crime of illegal business operation and analyze the constituent elements such as "national regulation" "Other illegal operations that seriously disrupt market order" to explain the rationality of applying the crime of illegal operation.Finally,this paper discusses the culpable path of criminal responsibility of online trading platforms.The author affirmed the idea of pursuing criminal responsibility for online trading platforms from the perspective of inaction,but when it is specifically applied,it still needs legislation to further explain and regulate.The fourth part proposes improve judicial interpretation methods and legislative ideas.The first step is to analyze the shortcomings of the current criminal laws and regulations for click farming and improve the interpretation of the crime of illegal business by perfecting the predecessor law.Then regarding the problem of reverse "favorable comment" which cannot be resolved through judicial interpretation,the paper proposes to find out the traits of categorization of click farming and sort out its basic characteristics,and implement typed legislation in the criminal law system to regulate the issue of click farming.