| Internet brushing is difficult to be known by the public because of its network,flexibility and concealment.However,with the media publicity of "Internet brushing into criminal cases",this kind of behavior has attracted the attention of all walks of life,which has aroused academic research on Internet brushing and painting.Online single brushing and speculation has caused great harm to the order of the socialist market economy.It has brought challenges to the fair management order of online transactions and caused great damage to the normal operation of other e-commerce enterprises and consumers.Online single brushing has a serious legal interest infringement.In this paper,the C2 C model of brushing behavior as the research object,from the four dimensions of concept analysis and governance status,the harmfulness of network brushing single speculation behavior,the existing criminal law regulation path improper,and the criminal law of network brushing single speculation behavior thinking,comprehensively discusses the criminal law regulation of brushing single behavior.The first chapter of this paper is to analyze the basic concept of the behavior of online flash selling and speculation,the second is to analyze the basic classification of the behavior of online flash selling and speculation and the operation system in the network e-commerce platform,and then through the specific analysis of the basic operation mode,constituent elements and harmfulness of the behavior of online flash selling and speculation,to lay a good foundation for the later theoretical research;the second chapter is This paper analyzes the current situation of the judicial application of the online brush order speculation behavior,and analyzes the existing problems of the online brush order speculation behavior through four cases.The main problem is that the online brush order speculation behavior is not clear when it is judged as a crime or not,and the crime is still in question when it is convicted and sentenced,which leads to the confusion of the regulation of the online brush order speculation behavior,which is not conducive to the effective regulation In chapter three,on the basis of specific cases,the author analyzes the suspected charges of the behavior,according to the different types and subjects of the behavior,and analyzes the specific charges involved by the elements of the crime;in chapter four,the author thinks about the regulation of the behavior in China’s criminal law If the criminal law regulates the concept and method of Internet bill brushing.First of all,we can’t generalize the behavior of online brush order speculation.We should divide and rule it,analyze the nature of online brush order speculation,and use different ideas to regulate different behaviors.It is necessary to strengthen and perfect the interpretation andprepositional law for the traditional crimes committed by new means;it is also necessary to establish new charges or new laws for the new crimes with different means. |
