Quantitative Study On Click Farming From The Perspective Of Three Typical Cases

With the rapid rise of e-commerce industry in China,click farming gradually began to group,scale,industrialization,concealment,is no longer a simple accidental behavior.It is like a tumour in the market economy,intensified,repeatedly prohibited.From the current regulatory situation,administrative law,civil law and industry autonomy rules and other means are not enough to uproot this tumour.Since the current criminal law of our country has not made clear provisions on this behavior,there are great differences between the practice and the theoretical circles on the qualification of click farming.Some scholars believe that the act of click farming is guilty of punishment through individual cases.However,some scholars believe that click farming has serious legal interests and the nature of cybercrime,and must resort to punishment.When we discuss the qualification of click farming,we must first study the behavior itself and make clear the basic nature of the behavior to solve the quantitative problems on the basis.In the first part,the author first introduces and briefly introduces the basic situation of three typical cases: the crime of illegal operation of Hangzhou Li,the crime of destruction of production and operation by Nanjing Dong and Xie,and the case of unfair competition dispute between Alibaba and Hangzhou Jienshi Company.Through combing and analyzing the above cases,the author sums up the dispute focus problems that three cases reveal together,namely,the nature of the act,whether the act should be incriminated and the charge of the act,and then leads to the legal analysis of the case dispute focus in the second chapter.In the second part,the author makes a corresponding legal analysis on the dispute focus of three cases.From the legal nature of click farming,the argument of whether click farming is guilty or not,the comments on the dispute and the author’s point of view,the three issues of dispute focus and the reasons and arguments the letter of speculation are discussed in detail.In the third part,the author draws her research conclusions and enlightenmentthrough the above analysis and argumentation that,click farming not only violates the administrative laws and regulations,but also seriously infringes the legitimate rights and interests of consumers,other similar operators and e-commerce platforms,and also constitutes unfair competition to other similar operators and other e-commerce platforms.In terms of legal nature,click farming is a complex behavior with unfair competition,act of tort and administrative illegal acts.Because of the increasing infringement of legal interests in click farming,those who profit greatly from it,as well as seriously disrupt the order of network transactions,destroy the social credit system,on other operators and consumers’ legal rights and interests of the people,from the current judicial situation,other regulatory means are obviously not enough to contain it.It is necessary to commit an offence against the operator who commits the serious behavior of click farming,click farm or providing services for click farming.Therefore,the author advocates click farming into crime.In addition,according to the legal principle of crime and punishment,because the positive click farming does not violate the "state regulations" or belong to "other illegal business acts ",it should not be regarded as the crime of illegal operation.Compared with the crime of illegal operation,click farming is regarded as illegal use of information network Collateral crime is more appropriate;since the reverse click farming does not belong to physical violence and the "other methods" stipulated in Article 276 of the Criminal Law of the People’s Republic of China(hereinafter referred to as "the Criminal Law "),it does not constitute the crime of destroying production and operation.Compared with the crime of destroying production and operation,it is more appropriate to identify the reverse click farming as the crime of damaging commercial reputation and commodity reputation.On the basis of this,the author aims at the dispute focus issue and obtains her own research enlightenment.One is to correctly define the behavior of click farming;the other is to make clear the standard of click farming;the third is to correctly convict the behavior of click farming;the fourth is to explore the model of multiple co-governance.