Research On Criminal Regulations Of Online Bill Slipping

In recent years,the rapid rise of the e-commerce industry has promoted the formation and development of new business patterns and has become an important pillar of the development of the market economy in China.B2 B,B2C,and O2 O e-commerce models are full of dazzling online platforms,which stimulated the surge of online transactions,but also caused many illegal and untrustworthy phenomena in the field of e-commerce,especially the online billing on the e-commerce platform.Online bill slipping has become increasingly alienated and has become a new type of cybercrime that can be independently convicted,disrupting the order of e-commerce transactions,and causing serious negative effects on the industry and the construction of the national integrity system.Based on this,this article takes the online billing behavior on the e-commerce platform as the research object,and analyzes the criminal regulations of the online billing behavior from the following four parts.The first part is the general problem of online brushing behavior.First of all,it is introduced that the proliferation of online brushing is the result of the combined influence of multiple factors.And redefine this behavior as the person who swipes the bill induces,falsifies,or conceals the facts of online transactions by himself or through technical means,maliciously uses the e-commerce platform incentive rules or other illegal means,repeatedly obtaining transaction records,credit scores,Unlawful interests such as illegal property.Secondly,it expounds the three characteristics of the universality,concealment and scale of online brushing.Finally,according to the different purposes of online brushing behavior,it is divided into three types: reputation-based network brushing,property-based network brushing,and competing network brushing.The second part is the necessity of penal regulations for online brushing orders.Conceptually,China's criminal law has taken a more active and functional attitude towards new types of cybercrime,and has affirmed the idea of dividing and conquering criminalization and punishment in the methodology of cybercrime governance.In terms of harmfulness,as the main infringement of new online crimes,the legal infringement of online billing is the order of e-commerce transactions regulated by the principle of good faith,and the infringement of the legal interest has a composite character,which is specifically manifested in damaging consumers' right to know and fair Trading rights,disturbing the order of fair competition among industries,undermining the credit mechanism of e-commerce platforms,and lurking other criminal risks.In terms of governance,through combing the relevant provisions of civil law,economic law,administrative law,e-commerce platform transaction rules and industry self-regulation norms,it is found that the existing laws and regulations and soft legal norms still have main body regulations on the governance of online brushing Incomplete,the penalties are too light,the e-commerce platform and the e-commerce industry have low enforcement power,and lack of deterrence.The third part is the current status and existing problems of criminal law conviction of online bill-writing.In the two typical cases of organization penalties and reverse penalties,the judiciary believes that organization penalties constitute the crime of illegal operation and reverse penalties constitute the crime of destruction of production and operation.According to the focus of the dispute,the following problems are found in the conviction in practice : First,the country's regulations were wrongly invoked in the organization's bill-writing case;it did not meet the substantive requirement of illegal business operation violation of market order;it violated the rules of similar interpretation when applying the pocket clause.Second,in the reverse billing case,the actor's damage to the commercial reputation of others disrupts the order of e-commerce transactions,which is inconsistent with the legal interests of the crime of destroying production and operation to protect property rights;The act of initiating a punishment for power reduction is neither a result of damaging production materials nor of damaging production operations;the analogy explains the connotation of the expression “other methods”.Based on this,it is concluded that the organization's billing should not constitute a crime of illegal operation,and the reverse billing should not constitute a crime of destroying production and operation.The fourth part is the countermeasures of penal regulations for online brushing.Under the current criminal law framework,adhere to the statutory principle of crime and punishment and similar interpretation rules to correct the online billing behavior itself: the false transaction and praise behavior are suspected of false advertising,the organization of the bill-bearer establishes the illegal use of information network crime,and the reverse billing behavior It constitutes the crime of damaging commercial reputation,the reputation of commodities,and the crime of fraud in the establishment of property-based online billing.E-commerce platforms that are closely related to online brushing of orders also need to be regulated if they do not perform management actions,and if the brushing person violates personal information and malicious registration.When it is impossible to reasonably regulate the phenomenon of online billing,it is necessary to learn from the experience of Japan 's crime of obstructing business from the perspective of legislation,and to establish the crime of illegally using information networks to obstruct the business of others after Article 286 of China 's Criminal Law to break through the regulation of online billing Dilemma.