Research On The Criminal Law Nature Of Inverse Click Farming

With the rise of e-commerce and the popularity of online transactions,the value of business reputation and commodity reputation has increased significantly.But at the same time,there also exists an endless stream of unfair competition and commercial disruption in cyberspace.The most noteworthy is the increasingly rampant phenomenon of click farming.In order to better punish such fraud,e-commerce platforms have formulated internal rules,and economic law and administrative law have also been amended.Because of its serious social harm,it also caused the criminal law to pay attention to this behavior.Although the first case of“inverse click farming” in the country was filed with sabotaging production and business operation,it has only just begun to be discussed by academics.Many questions remain to be discussed as to what is the essence of the “inverse click farming”,what kind of social harm it has,and whether the qualitative result of the judgment is reasonable.Based on the the first case of “inverse click farming” in China as the clue,this thesis falls into four chapters,clarifying the essence of the “inverse click farming”(only “malicious good ratings” is discussed),analyzing and evaluating various viewpoints of the practical and theoretical circles.This thesis also sums up the focus of disputed case and updates the interpretation of the relevant constituent elements of the crime of sabotaging production and business operation,and the crime of damaging commercial reputation and commodity reputation in the light of facts andthe background of the times.The first chapter takes the first case of “inverse click farming” as the entry point,and introduces the essence and current situation of “inverse click farming” in detail.By analyzing the concept of “inverse click farming” and clarifying it is actually a form of praise,but in the essence it is harmful to economic interests.This behavior's result is the same as the “malicious evaluation” behavior,and both of them will cause irreparable damage to the online market economic order.Therefore,the understanding of this behavior should start from the behavior result.This thesis lists the current situation of the governance of click farming and combine with the lack of self-made rules in China's existing e-commerce platforms and the low governance strength of relevant administrative regulations and economic laws.So we have to regulate the behavior from a criminal perspective.The second chapter expounds the basic facts of the case,and summarizes the focus of the dispute and the reasons for the problems.Based on the facts of the case,this article mainly introduces the current disputes between the theoretical and practical circles.The first point is that it is not guilty(which is divided into two perspectives: the first is that it is considered to be a new type of civil fraud,which should be characterized as infringement and not subject to criminal regulations;the second is to impede business practices.Under the existing Criminal Law framework and charges,criminal regulations are not applicable).The second point is characterized as sabotaging production and business operation;The third point is characterized as damaging commercial reputation and commodity reputation.Then,the author points out that the real reason for many controversial issues lies in the differences between scholars' interpretation positions and paths of criminal law texts.The author believes that substantive interpretation is only a concept of interpretation,and in order to reach a more appropriate interpretation conclusion,other interpretation methods should be used at the same time.The third chapter takes the constituent elements of the crime of sabotaging production and business operation as the path,and starts from the interpretation of the behavior object(commodity search ranking),objective behavior(search demotion),and the interpretation of the bottom pocket clauses.Deconstructing and criticizing the verdict of the crime of sabotaging production and business operation,this thesis concludes that Product search rankings are not included in “machinery and equipment”,and the reduction of expected income is not a “property loss” in criminal law,and “search demotion” is not a “damage” act in the crime of sabotaging production and business operation.The interpretation of the provisions should conform to the typed behavioral model of the crime and should follow the same interpretation rules.The fourth chapter takes the elements of the crime of sabotaging production and business operation as the path,combined with the characteristics of the false behavior of “inverse click farming”,the behavior mode of fabricating and spreading and the economic interests damage caused by it.And concludes that this behavior is to stimulate the wrong judgment of the punishment mechanism of e-commerce platform by fabricating and spreading the false facts of the victim operator's “self brushing and speculation”,and finally damage the reputation of the injured business shop and the reputation of illegal acts.Although the amount of economic loss caused by this act does not meet the amount of “major loss” prosecution standard,it can be included in“other serious circumstances” and regulated by this crime.