A Qualitative Study On The Criminal Law On The Behavior Of Paid Deletion And Correction Of Negative Comments

"Online shopping" has become an indispensable shopping method for modern people."Shopping evaluation" is an objective description of the purchased product and the service provided by the merchant.It is usually presented in the form of text,pictures,etc.These evaluations are stored in the evaluation system of various platforms in the form of data.Taking "Taobao.com" as an example,in its evaluation system,the praise rate is one of the important factors that determine the rank of shops and commodity search ranking.Therefore,many businesses do whatever they can to "eliminate" bad comments in order to pursue favorable comment rate.This article takes Li’s as an example to destroy the computer information system,and analyzes the meaning and scope of the elements of the crime of damaging the computer information system,the meaning of "computer information system","deleted data",and "serious consequences" in the criminal context.Based on this,the distinction between the crime of damaging computer information systems and the crime of illegal business is further analyzed.It is hoped that the analysis of related issues will be beneficial to the theoretical research of such cases and future judicial practice,and reduce the application of such cases in practice that laws are not uniform and penalties are unbalanced.The main content of this article is divided into the following four parts:The first part is the basic situation of the case.Including cause of action,basic facts,differences of opinion and focus of dispute.In this case,li illegally bought the personal information of Taobao.com from others,and then used the information to log on to buyer’s Taobao.com evaluation system and delete the corresponding negative comments.There are four opinions on how to characterize this case: the first opinion hold that Li’s behavior is a civil violation and does not constitute a criminal offence;the second opinion that Li’s behavior to establishes an illegal business crime;the third opinion that Li was guilty of damaging the computer information system;according to the fourth opinion,Li’s behavior complies with the characteristics of an implicated offense,and establishes the crime of violating a citizen’s personal information and the crime of destroying a computer information system.By sorting out the above divergent opinions,the focus of the dispute in this case can be summarized as whether Li’s behavior of deleting and correcting bad comments with compensation constitutes a crime? If constitute a crime is constituted to destroy the computer information system crime or illegal business crime? Does the purchase of buyer information constitute the crime of illegally obtaining citizens’ personal information independently? Should it be evaluated as one crime or should it be punished together with several crimes?The second part is the analysis of legal issues involved in the focus of the dispute.First,explains the context of the criminal law "computer information system","data",and the relationship between them,parsing destroy the computer information system and the illegal business crime constitution,by analyzing the two crimes to protect their legal interests,objective behavior and its results,clear the boundaries between the two crimes,paid deletion and modification of data.Secondly,it discusses how to characterize the "purchasing buyer’s account information" as a preparation for "deletion of bad reviews" and considers that it violates individual citizens information,the crime of violating the personal information of citizens should be established separately.Finally the related theories of implicated offenders are analyzed.The analysis mainly revolves around the concept of implicated offenders,the judgment of implicated relations,and the substance and punishment of implicated offenders in the theory of criminal law.The fourth part is the enlightenment of the research.Through the analysis and discussion of the case,this article draws three enlightenment: first,we should make clear the protection scope of "data" in the crime of destroying computer information system;Second,we should pay more attention to and protect computer information data.Thirdly,the crime of damaging computer information systems should be avoided as the pocket of computer crimes.Through the detailed explanation of the above four parts,it can further provide a theoretical reference for the conviction and punishment of computer information and data crimes in judicial practice,and it can also provide new methods and methods for exploring new changes in computer crimes in the "data big bang era".