Research On The Criminal Liability Of Reverse Direction Click Farming

Relying on the rapid development of the Internet,E-commerce has increasingly become an indispensable part of modern people's social life.Along with the popularization of the emerging trading methods in this virtual space,a series of problems have also arisen.The act of swiping at false transactions as the main content is becoming more and more rampant,which seriously affects the normal market order of network transactions.Therefore,it has become the key point to standardize the business behavior in the field of E-commerce,and it is necessary to regulate it from the angle of criminal law.This paper selects the case of the reverse direction click farming as the research object,whose content includes summarize the controversial issues in this case,analyze and respond to various viewpoints of practice and theorists,by the discussion of four chapters.Through the research and analysis of the methodological problems of the theory of criminal law interpretation,clarifying the criminal legal interest between the crime of destroying production and operation and the crime of damaging the commercial reputation.Combining with the background of the network era,updating the behavior pattern of two accusations above.The first chapter mainly introduces the basic information of the case,and summarize the controversial issues in this case,which includes the current theoreticaland practical circles ' views on the present case.It is pointed out that the substantive reason of many controversial problems lies on the methodological problems of criminal law interpretation.Therefore,the author selects the most appropriate explanation position which will lay the foundation for the resolution of the controversial issue in the latter content.The second chapter is about the analysis of the content of legal interest.By analyzing the systematic and comparison of the legal benefits of two crimes,to clarify the differences between the two counts at the legal benefit level.Combining the behavior characteristics of reverse click farming,we can find out the main legal interest which was violated by this act.The third chapter responds to the mainstream viewpoint of theorists.At the point of author's idea,the result an act looks like comply with one crime does not necessarily means it really belong with this crime.It is clear that there is an analogy if interpret all methods that can cause economic damage to production and operation as other methods of undermining the crime of production and operation.In the interpretation of the list + bottom clause,the position of homogeneous interpretation should be upheld,and the interpretation should not exceed the possible semantic scope of the law.Because the reverse click farming does not belong to the destruction of the production tools,it must not be considered as the "other method" of this crime.The fourth chapter takes the crime of damaging business reputation and commodity reputation as the path,paying attention to analyzing the misrepresentation and the appearance of fabricate and spread.Draw conclusions that this kind of behavior violates the principle of good faith and the accepted business regulation,which is a kind of serious unfair competition behavior.The perpetrator fabricates false facts in order to make goodwill valuators decline evaluate the of goodwill of relevant operators.As the result,consumers throw doubts on the operators' business regulation because of their trust on the valuators' evaluation.In the wide application of massive data,the valuators' evaluation has credibility that cannot be ignored.The act of reserve click farming complies with the elements of conduct of damaging business regulation.But because the criminal amount does not meet the amount expresslyprovided for by law it should not to accusation the crime of damaging business regulation.