Research On Criminal Law Regulation Of "Network Pengci"

The criminal act of "Pengci on the Internet" is a new type of cyber crime.After purchasing goods or services through online channels,the perpetrator blackmailed businesses to obtain illegal interests by means of malicious bad reviews,malicious complaints or malicious refunds.At present,the existing research content of the criminal law regulation of"Internet Pengci" behavior has not yet formed a systematic and complete relevant works,and the specific operation in judicial practice lacks theoretical reference.Some scholars have insufficient understanding of the necessity of studying the problem of "Internet Pengci".This paper takes the problem of "network touch porcelain" as the research object.Firstly,it summarizes its concept and form of expression.Secondly,it introduces the behavior characteristics and causes of "network touch porcelain".On this basis,it analyzes the necessity of the regulation of "network touch porcelain" behavior,and analyzes its theoretical basis of criminal law regulation from three aspects: its criminal illegality,social harmfulness and punishability.For the crime and non crime of "network touch porcelain" behavior,three kinds of definition bases are put forward,namely,whether its behavior is excessive,whether it is repeated and whether it is organized;In addition,it analyzes in detail the charges that may be involved in the three types of "Internet Pengci" criminal acts,and also determines the judgment situations of one crime and several crimes,and discusses the two types of treatment situations with the principle of judgment and the exception of judgment respectively.In the criminal law regulation of "Internet Pengci" acts of malicious negative evaluation and malicious complaint,if the circumstances only meet the judgment standards of implicated crimes,It can be punished according to the alternative felony;However,in practice,the perpetrator often carries out the act of Internet Pengci" for many times in a row.At this time,it is consistent with the situation of continuous crime,so the perpetrator’s crime can be comprehensively evaluated according to the principle of judgment of continuous crime,that is,the perpetrator shall be severely punished according to the alternative felony of continuous crime.In the punishment of malicious return "Internet Pengci",due to the special provisions of the criminal law on the crime of insurance fraud,the punishment should be carried out according to the principle of combined punishment for several crimes,that is,the crime of insurance fraud and the crime of deliberately destroying property or the crime of insurance fraud and theft should be constituted at the same time.Thus completed the complete closed-loop process of conviction and sentencing.