Evaluation Of Criminal Law Of Hyping Credit Through Fictitious Trades

The case of Li,which was concluded in 2016,is the first case of criminalizing the hyping credit through fictitious trades,after which there have been judgments related to the organization of brush single characterization as illegal business,and the theoretical community has also generated extensive discussions.The case was the first case of criminalization of organizing single-sheet speculation.In this paper,we start from explaining the specific connotation of "brushing off a single credit",and introduce and analyze the behavior of e-commerce platform merchants who hire others to falsely purchase goods,conduct false transactions or make false evaluations of goods.We searched for cases of "brushing off a single letter" on China Judicial Documents Online and analyzed the search results to conclude that the crime of brushing off a single letter is increasing year by year in judicial practice,and most of them are convicted and sentenced for illegal operation.It also introduces and analyzes the case of Li’s illegal operation,the first case of criminalization,and introduces the different views of the theoretical community on the court’s verdict,including the theory of innocence,the theory of illegal operation,the theory of false advertising,and the theory of illegal use of information network.In this paper,we analyze the legal theory from three perspectives,namely,the three parties involved in the organization,the organizer,as the core of the chain of "brush single speculation",and the specific act of violating the legal interests protected by the criminal law,is the subject to be governed by the criminal law.The former’s object is the business order of e-commerce platform and advertising management system,and the latter’s object is the Internet information service licensing system.The organization "brush single speculation letter" did not infringe the illegal business crime protection of the national franchise system,and did not violate the national franchise system of the national regulations,"brush single speculation letter" although illegal,but is not a violation of the franchise system of illegal business,so do not The "single speculation" although illegal,but not illegal business in violation of the franchise system,and therefore does not constitute illegal business crime.The organizer of the bill-sweeping can be interpreted as "advertiser",the bill-sweeping is in line with "misleading false propaganda",and the bill-sweeping and further brushing up of positive reviews can be interpreted as "using advertisement".Therefore,the organization of "brushing a single credit" constitutes the crime of false advertising.The establishment and operation of a single brush platform is the act of setting up a website,because the organization of single brush constitutes the crime of false advertising and in line with the establishment of websites,groups can be prepared for their own or others to carry out criminal activities,the organization of "single brush" is in line with the legislative purpose of this crime,and the crime of false advertising is a complementary relationship,so the establishment of a single brush platform and the organization of single brush The crime of illegal use of information network.