The Internet age is changing with each passing day,online shopping has changed people’s life,and the prosperity of e-commerce has intensified competition among online shop operators.To improve their ratings and reputation in the e-commerce platform,online shop operators may try some dirty ways to make businesses seem popular,for which a gray and black industrial chain is generated.Click farming has become a commonly-seen illegal act in e-commerce.However,kinds of "first case" of click farming in judicial practice aroused great concern since publication,especially the positive click farming are characterized as illegal operation results in a great controversy in the theory and practice.This paper will tell a case of positive click farming,introduce the disputes over this case,compare it with other cases and propose some regulating ways of click farming by Criminal Law.In addition to the introduction and conclusion,this paper consists of five chapters.In Chapter 1,the act of click farming is introduced.The author emphasizes the classification of click farming,and summarizes the cases of click farming in different forms as seen on the website of China Judgments Online so as to clearly classify the different forms of click farming.In Chapter 2,the necessity of criminalizing the act of click farming is justified.Opinions of different scholars are introduced and compared.The author analyzes some opinions believing the acquittal of click farming based on different forms from social harm.The author agrees with the opinion that the platform-oriented click farming has a great hazard to the society and should be criminalized by the Criminal Law.In Chapter 3,this paper,from the objective perspective,states the author’s opinions about different kinds of platform-oriented click farming.Cyberspace is a brand new domain of social ecology.Internet-related variations of traditional crimes require us to make expanded judicial interpretations of legal provisions in accordance with the traditional crime.Organizing others to operate,offering platform services and compound acts of click farming have some differences in behaviors,which is the basis for making them convicted of different crimes.In the author’s opinion,the forms of organizing others to operate should be regarded as the false advertisement,while the forms of offering platform services and compound acts of clicking farming should be taken as illegal business operations.In Chapter 4,common crimes in the case of click farming are analyzed.The criminal liabilities which should be borne by online store operators,click farmers and logistics companies are analyzed from the essence of common crime and the derivativeness of accessories.In Chapter 5,some recommendations are proposed to solve those problems which have sprung up when the current Criminal Law tries to deal with click farming.The different methods used by the Criminal Law to deal with false advertising and illegal business operation lead to the unjust results,which is reflected on "different judgments for the same case".By improving the statutory sentence to perfect the false advertisement and adding judicial interpretations to raise the standards for making convictions for illegal business operation,inappropriate heavy criminal penalty for click farming can be avoided.Besides,the case directing system means can also provide references for the similar cases in judicial practice and make unified application of law. |