Research On The Criminal Law Regulation Of Online Fake Review Behavior

The rise of e-commerce not only brings convenience to people,but also leads to some emerging network crimes.The online fake review behavior is a microcosm of this.In order to improve the sales volume of their goods and the reputation of their shops,operators of online stores make fake transactions and fake favorable comments;In order to seek competitive advantage in the market,operators of online store maliciously give reviews to products of their competitors,which hinders the normal operation of their businesses.In order to curb this phenomenon,China's "anti-unfair Competition Law" and "e-commerce law" have regulated this,but online fake review behavior still continues to grow.This not only infringes legal rights of consumers and hampers the normal business activities of their competitors,but also infringes the reputation of the providers of online trading platforms and stable market economic order.Besides that,because of the contrast between high returns and low risks,the punishment mechanism of the platform,the Administrative Law and the Economic Law can not restrain the online fake review behavior.Therefore,it should be regulated by the Criminal Law with stronger punishment.In addition,through the analysis of the positive general prevention theory of the Criminal Law,the modesty principle of the Criminal Law and the legitimacy of the criminal law regulating the online fake review,we can also get the rationality of the Criminal Law regulating the act of the online fake review.However,due to the lack of regulation on it in China's current Criminal Law,there have been a lot of disputes in theory after the judiciarymade a criminal judgment on the first online malicious favorable reviews case in Nanjing and the first online fake favorable reviews case in Hangzhou.Through the analysis of the constitutive elements of the crimes involved in the above two classic cases,it is concluded that the act of fake favorable reviews does not constitute the crime of illegal business operation and the crime of false advertising and the act of malicious favorable reviews does not constitute the crime of damaging the production and operation and the crime of damaging the commercial credit and the reputation of commodities.But because the current Criminal Law can not regulate the act of online fake review,in order to prevent the judiciary from applying the criminal law by analogy,we should make reference to the relevant legislation of foreign countries,after that,we will set up the crime of disrupting business to make a comprehensive evaluation on act of online fake review.At the same time,it can also fill the legislative blank of other general business protection in our criminal law.