Criminal Law Qualitative Analysis Of Reverse Swiping Behavior

Based on the background of the rapid development of the Internet and the fast expansion of e-commerce platform,this paper studies the criminal legality of new illegal and criminal behavior-reverse click farming.Giving the fact that the crime of damaging production and operation,the crime of damaging commercial reputation and commodity reputation are two charges stipulated in the Criminal Law,reverse click farming should be defined as committing the crime of damaging commercial reputation and commodity reputation,and never be claimed as innocent.On the basis of introducing the background and researching status,this paper starts with the definition of click farming,and then the main types of click farming which include maliciously negative comments and maliciously positive comments.This paper expounds the social harm caused by reverse click farming from following aspects:destroying the order of e-commerce platform,intervening with market competition,damaging merchants'reputation,and causing economic losses.Then,starting with some judicial examples,combined with the results,reasons and dispute focus of specific cases,the author analyzes the judicial practical perspective and reasons behind reverse click farming,and then lays the foundation for the following analysis and discussion.The focus of this paper is the qualitative viewpoints and analysis of reverse click farming.Deny the perspective that reverse click farming does not constitute a crime,it can cause serious social harm,and it is difficult to play an effective containment only by civil and administrative sanctions.Under that circumstance,the criminal law,as the last barrier,should punish this behavior.Deny the view that reverse click farming constitutes the crime of destroying production and operation,although the definition of the crime of destroying production and operation is given in judicial practice,and some scholars support this opinion,this paper demonstrates it from the aspects of behavior mode,behavior object and damage consequence,etc.It is considered that the behavior of reverse click farming is not in line with the mode of the behavior that causes physical destruction as stipulated in the crime of destroying production and operation,and classifying it as"other methods" is improper.The reason is that the infringement object of the behavior is the reputation of the merchant,not the data of production and operation,and the damage consequence is not the inability of production and operation,but the reduction of reputation evaluation and economic loss to the merchant.Therefore,it is considered that reverse click farming does not constitute the crime of destroying production and operation.Affirm the view that reverse click farming constitutes the crime of damaging the commercial reputation and commodity reputation,and the essence of reverse click farming lies in the damage to the commercial reputation and commodity reputation.Based on the above analysis,this paper makes a distinction between the crime of destroying production and operation and the crime of damaging commercial reputation and commodity reputation.There are differences in the nature,mode and consequences of the behavior of these two crimes.It is better demonstrated that reverse click farming constitutes the crime of damaging commercial reputation and commodity reputation.At the same time,it is discussed in detail that reverse click farming constitutes the crime of harming the commercial reputation and commodity reputation.Reverse click farming contains the intentional fabrication and spread of false facts,which damages the merchants' commercial reputation and commodity reputation,harms the market competition order and causes property losses to the merchants,so it constitutes the crime of damaging the commercial reputation and commodity reputation.