Research On The Criminal Law And Regulations Of Internet Scrutinizing And Firing Of Credit

With the rapid development of the Internet economy and technology,the network credit hype in China's e-commerce field has appeared in many different forms,and has formed a internet gray industrial chain with a large scale and clear division of labor,which seriously disrupts the credit order ofthe online trading market.In the face of this phenomenon,the existing civil,administrative,and industrial autonomy methods are in trouble.However,in the case that the criminal legislation has not yet responded in a timely manner.How to conduct criminal justice regulation on online credit hype in practice also requires an explanation.Various obstacles need to be institutionalized.This paper is divided into five parts and demonstrates and demonstrates the criminal law regulation of online credit hype.The first part the basic theory of criminal law regulation,clarifies the concept of criminal law regulation,determine the object of criminal law regulation,and analyzes the principles and requirements of criminal law regulation in combination with the characteristics of new hazard behavior in cyberspace.Further,the author will provide guidance and methods for the specific regulation of online credit hype.The second part is a phenochemical investigation of online credit hype.On the basis of defining the elements of the network's single-selling behavior,this paper classifies and observes the various types of specific behaviors in the practice,and then from the four aspects of behavioral subject,behavioral object,behavioral method and subjective element to analyze the characteristics of the network's single-selling behavior.The third part is the necessity of the criminal law regulation for online credit hype.This part first responds to the view of negating the necessity of the criminal law system for online credit reporting.From the perspectives of the development trend of online credit hype,the degree of social harm,civil,administrative regulation and the failure of industry autonomy,the paper analyzes the necessity of criminal regulation.The fourth part,the status quo and reflection of the criminal law of online credit speculation.From the legislative and judicial levels,this paper studies the criminal law system against credit hype under the existing conditions,and applies the crime of illegal business operation,the crime of destroying production and management,the crime of false advertising and the damage of commercial reputation and goods.The dispute over the crime of reputation has been answered one by one.The fifth part is the perfection of the criminal law regulation for online credit hype.Under the circumstances that the existing crime system can not effectively regulate credit hype,combined with the basic theory of criminal law regulation and the analysis of online credit hype behavior,this paper believes that the crime of disrupting online commercial credit order should be created.In this part,this paper expounds the basis of creating new crimes from the two aspects of the typed characteristics of online credit hype behavior and the help behavior and behavioral independence in online credit hype,and designs specific criminal components for the characteristics of behavior and its degree of harm,and conducts the study of penalty allocation,supplemented by relevant pre-positions and amendments to existing crimes to formed a complete system of criminal law.