The Criminal Law Analysis Of The Hyping Credit Through Fictitious Trades

With the rapid development of the internet,Taobao as the representative of the e-commerce economy made a rapid development,especially the annual“6·18”? “double eleven” e-commerce shopping carnival,is very hot.E-commerce economy is booming the market at the same time,it also intensifies the fierce competition among peers.In order to suppress the reputation of peer stores and enhance their reputation,finally achieve the goal of profiteering,network merchants spent their own money choosing brush,as to achieve the purpose of hyping credit.In recent years,hyping credit through fictitious trades is becoming increasingly fierce,as an emerging industry.As a frontier problem of network crime,hyping credit through fictitious trades are the malignant tumor of e-commerce economic development should form a consensus.But how to regulate on the legal level,especially whether it can rise to the height of criminal penalty,it's necessary to discuss.In this context,Yuhang court of Hangzhou set a precedent,take the lead to hype credit through fictitious trades with illegal business crime,“one stone makes a thousand waves”,known as the academic hyping credit through fictitious trades into the first case of punishment has aroused greater attention.This article is written with a sense of problem,example for hyping credit through fictitious trades into the first case of punishment in Hangzhou,howshould the behavior of hyping credit through fictitious trades be characterized in criminal law with the discussion of view of necessity,and which way to carry on the regulation is appropriate.The paper is divided into four parts:First part: question elicitation——briefly state the basic case of hyping credit through fictitious trades into the first case of punishment in Hangzhou,and introduced its into the process of punishment,outline the features of hyping credit through fictitious trades,try to find out the cause of the brushing behavior.Second part: recognition of problem——mainly comments the opinions of hyping credit through fictitious trades into the first case of punishment in Hangzhou,viewed of the criminal law academia,and announces the preliminary analysis of the behavior of publishing in criminal law according to relevant criminal law theory.Third part: analysis of problem——it mainly focuses on whether the first case constitutes the crime of illegal business theoretically?or constitutes other crimes in addition to the crime of illegal business ? is guilty or innocent.This article considers that,the first case should be acquitted,and find out the real reason behind the torture.Fourth part: solution of problem——on the conclusion of the third part,thinks radical cure way of hyping credit through fictitious trades is still have to rely on individuals?the society?the e-commerce platform,the branch law other than criminal law,in order to achieve the effective deterrent to hyping credit through fictitious trades.This paper combines theory with practice,takes case analysis as the perspective,combines the elements of the crime of illegal business,in particular,the application principle of its bottom line provision,puts forward a few myself views.Hope this article's criminal law qualitative discussion of hyping credit through fictitious trades,can provide theoretical reference for judicial practice.