Research On The Criminal Regulations Of "Maliciously Brushing Orders" Behavior

In recent years,with the popularity of the Internet,along with the rise of the O2O business model and the rapid development of e-commerce technology,a number of e-commerce platforms have emerged rapidly."Internet+" has become the new normal and new phenomenon of economic development.Taking Taobao as an example,it has developed from a small platform into a well-known e-commerce platform,and the huge economic entities of tens of millions of practitioners can see the rapid development of the Internet.Online shopping has become a new way of consumption for people,which affects people's life patterns to a certain extent.However,while paying attention to the development results brought by the Internet economy,we should pay more attention to the harm caused by security problems such as "single billing",malicious registration,and false authentication.The "malicious brushing"behavior is one of the more prominent bad behaviors,and it has even affected the in-depth development of the e-commerce industry.Studying the behavior of electronic brushing and regulating the behavior of electronic brushing has positive significance for purifying the e-commerce enviroument,promoting the in-depth development of the industry,and even driving the integrity of the national integrity system.The specific provisions of criminal law on crime and non-crime are in a static state,while the application of criminal law provisions in criminal judicial activities is a systematic and complicated process.In principle,the provisions of criminal legislation should be used to determine the crime and non-crime of a certain act."But because of the specific and complex circumstances injudicial practice,it is inevitable to make a breakthrough and profit or loss,let alone the real meaning of the criminal law is constantly found in the facts of social life.In the process of the trial of"malicious brushing" case,when a specific crime is identified,the legal interest of the crime protection should be clarified at first,and when the complex legal interest is involved,the order of legal interest protection should be distinguished.Then,most of the ACTS of brushing the list and speculation belong to administrative offenses.For such administrative offenses,the execution boundary should be dealt with.For the first pair of administrative offenses,the penalty procedure can only be used when the civil and administrative regulation means cannot achieve the purpose of restraining illegal behaviors.Second,in network crimes,the calculation of the number of crimes is different from traditional crimes.For the calculation of the amount of cyber crime,we should not only consider the amount of gain and damage,but also pay attention to the actual state of click,traffic,transmission speed,transmission range,effective and invalid click rate.In terms of this article discusses the specific case,brush single stage to fry the organization letter case,Li MouMou set up single letter website,not violate national franchise system,do not belong to the category of "violation of state regulations",not to "criminal Iawn paragraph 4 of the crime of illegal business out clause to be convicted and punished,also does not conform to that stipulated in the judicial interpretation of specific circumstances,so do not constitute a crime of illegal business.In the absence of formal elements,just out of consideration of social harmfulness,it is deemed as illegal business operation crime to brush the list and fire the letter,which is contrary to the legal principle of crime and punishment.Secondly,can not be identified as false advertising crime.If it cannot be convicted,it shall be punished by an administrative organ.In the case of "malicious reverse order brushing",because the actor in this case triggered Taobao's punishment mechanism through "malicious praise",so that the behavior of intelligent tooth technology Nanjing company to damage does not meet the requirements of "other methods" in the crime of damaging production and operation,therefore,this case can not be identified as the crime of damaging production and operation.The act conforms to the constitution of the crime of damaging commercial reputation and commodity reputation,but it does not meet the standard of the crime,so it cannot be convicted and punished.In the case of fraud platform cashing out,there is the use of "brushing" as a tool to implement fraud,which conforms to the constitution of the traditional crime of fraud and there is no objection.In the field where trading rules and trading methods are relatively fixed,the actor does not need to express false information in advance,but only needs to make a fixed expression of intention following the trading methods,indicating his intention to conclude a transaction.The same is true for the identification of online car hailing and the behavior of swindling points from e-commerce platforms to cash out.The third-party platform can be considered as the"cheated object",so this behavior can also constitute the crime of fraud.At the end of the paper,the author puts forward relevant Suggestions for the adaptability of the current criminal law to the new type of cyber crime.The author explains the provisions of the criminal law appropriately under the principle of statutory crimes,but the interpretation should meet the requirements of purposeful interpretation.In order to build a complete and updated criminal norm system of network crime,it is expected to have reference value in dealing with similar behaviors in the future.