Legal Regulation On The Behavior Of Single Letter Speculation

The development of the Internet has broadened the consumption scene in China,but it has also produced a series of illegal activities.Operators seek platform competitive advantage by brushing orders to improve their own credibility,or lower the reputation ranking of competitors in the same industry to increase their own product sales and increase competition opportunities.The behavior of swiping a single letter can impact the normal evaluation system of the platform in a short time,and it is a new form of unfair competition in the network field.Infringe on the legitimate rights and interests of many subjects.However,due to the scattered behavior,the means of behavior are often hidden,and the evidence of brushing is also difficult to collect,so it is difficult to enforce the law in practice,and it is also difficult to use judicial channels for relief.At present,China’s "Anti-Unfair Competition Law" and other laws and regulations are regulating the single-letter speculation,but the special provisions are of low level and lack of operability.With the gradual diversification of behaviors and upgrading of means,the existing legal provisions will have incomplete coverage and disputes when identifying and regulating such behaviors,so it is necessary to conduct a more detailed analysis on the behaviors of swiping and speculating letters from the legal perspective.This thesis is divided into four parts.The first chapter is the introduction,which introduces the research background and significance of swindling letters,summarizes and classifies the typical views of domestic scholars and foreign excellent experiences,and introduces the research ideas,methods and innovations of this thesis.The second chapter is an overview of the brush-list speculation behavior,which introduces the concept of brush-list speculation behavior,that is,brush-list operators implement brush-list behavior in order to gain competitive advantage,thus directly or indirectly enhancing their own reputation.Its characteristics include concealment of behavior,simplicity of operation and deceptive effect.In this thesis,based on the effect,we divide the single-letter speculation into positive single-letter speculation and negative single-letter speculation,and analyze in detail the subject definition and legal responsibility in different situations.At the same time,this thesis makes statistical analysis on the brush-bill cases generated in recent years by year,and then puts forward that it is very necessary to regulate the brush-bill speculation by law.The third chapter analyzes the current situation and problems of the legal regulation of the behavior of swiping a bill and speculating letters in China.The main problems existing in China’s legal regulation are as follows: most of the existing laws are in principle,and although there are provisions on punishment for the act of swiping bills and speculating letters,there is no clear specific punishment standard,and the operability in practice is not strong;China’s illegal supervision system is relatively simple and systematic,which can’t integrate the supervision functions of other departments and market players;There are also limitations in judicial remedies,and the rules of jurisdiction,rules of proof,etc.need to be adapted according to the case.The fourth chapter puts forward some suggestions to improve the legal regulation of the behavior of brushing bills and speculating letters in China from the aspects of legislation,law enforcement and judicature.In legislation,the existing laws can be refined to clarify the responsibility and punishment standards;In the aspect of law enforcement,we should clarify the authority and mechanism of law enforcement subjects,use big data and other technologies to build a multi-linkage law enforcement system,and open data through multiple channels to increase information exposure;Perfecting the judicial system,strengthening the application of behavior preservation,flexibly allocating the burden of proof,and reasonable application of consumer public interest litigation system are also helpful to protect the legitimate rights and interests of unspecified groups in society.