A Study On The Legal Regulation Of Internet Brushing List Behavior In China

E-commerce industry is developing rapidly with the development of information network technology and commodity exchange.It not only promotes the development of market economy,but also quietly changes people's life style.However,as a kind of illegal behavior which is free from the edge of the law,brush single network is also developing constantly.As a kind of false propaganda,brush single network not only damages the legitimate interests of other legitimate operators,but also challenges the tolerance of consumers to false propaganda.In order to pursue illegal interests,the violator creates a false sales situation in a short period of time by means of swiping the bill.Although e-commerce platform also provides marketing products for businesses,it can not completely prohibit the illegal person to increase the sales volume of their goods in the form of brushing the bill.Therefore,it is very important to regulate online shopping in order to maintain fair and healthy market order,create an honest and trustworthy online shopping environment,and promote the progress of China's network laws and regulations.This paper is divided into four parts:The first part is the introduction,mainly including the background and significance of the topic,research status at home and abroad,research methods and innovation.Through the research on the background and significance of the topic selection,this paper analyzes the background of the online bill swiping behavior and the significance of the research on its legal level;through the analysis of the research status at home and abroad,it understands the key contents and results of the research at home and abroad;through the methods of literature analysis,empirical analysis,etc.,it also learns the creative establishment of the research results of domestic and foreign scholars Law enforcement,judicial and other aspects put forward unique views.The second part mainly discusses the concept,legal mechanism and the meaning of legal regulation of brush single network behavior,and discusses the rule mechanism of brush single network behavior from the aspects of the subject of bill brushing behavior and the form of legal liability.The main body of online bill swipingbehavior mainly refers to e-commerce operators and hand swiping.The main body of online bill swiping mainly refers to e-commerce operators,hand swiping and so on.The forms of legal liabilities it undertakes include civil,administrative and criminal liabilities.The third part mainly discusses the current situation and existing problems of the legal regulation of the brush single network behavior in China.In terms of legislation,there is no special legislation on brush single network,and the legal system needs to be improved;in terms of law enforcement,the main problems of brush single network are the tracing of brush single network and the collection of electronic data;in terms of justice,there are some cases of brush single network in China,and there are many theoretical disputes about the possibility of brush single network in punishment.In the fourth part,the author puts forward some suggestions to improve the legal regulation of brush single network in China from the aspects of legislation,law enforcement and judicature: in the aspect of legislation,the brush single network behavior should be defined and interpreted;in the aspect of law enforcement,the principle of "who files the case first,who investigates and deals with it first" should be established and the innovation of supervision technology should be promoted;in the aspect of judicature,Adhere to the principle of consultation and information sharing and the punishment should be used prudently Penalty.