Research On Qualitative Problems Of "Gaining Petty Advantages" In Online Trading Platform

The development of the Internet has brought a new way of life to people’s lives.People’s daily necessities are transferred from offline to online.What follows are a series of network property infringement that walk the line between crime and non-crime,this crime and relevant crime.This paper takes "Gaining petty advantages" as an example to put forward qualitative standard of this kind of network property infringement.The "Gaining petty advantages" in this paper refers to the actions taken by different network subjects in the cyber space that do not conform to the principles of civil law or violate the legal interests of criminal law against third-party platforms and merchants such as e-commerce platforms and we-media platforms.This behavior can be divided into four different types according to case reviewing,which bring about diverse judgements.The article is about 31,000 words,including four parts:The first part relates to brief introduction of practice of "Gaining petty advantages".First of all,interpretating this behavior from life level and legal level to delimit the scope of discussion.And introducing four types of "Gaining petty advantages".The second part concerns key elements of "Gaining petty advantages" was convicted as fraud and theft.It mainly discusses the necessaries of existing about "act of secret stealing" in modern society,and how to maintain the concept of"confidentiality" involving subjective judgement."Disposing consciousness" and "consent of the victim" shall be the focus when it comes to fraud.The controversial issues and its role played in "wool collecting" shall be involved to qualitative hard cases.The third part distinguished unjustified enrichment from property crimes,and propose civil action is a way of tackle this problem.Types of infringement of legal interest shall be the standard of typing regulation.The fourth part extend theories.By analysis of "Gaining petty collecting",the regulated opinion of similar network property infringement shall be argued.It concludes that property crime is the main regulation means and network crime is the auxiliary regulation means,and deduces the conclusion to the "Gaining petty collecting".