The Reconstruction Of The Criminalization Mechanism Of The Internet "Swipe The Order And Fry The Letter" Behavior

In recent years,with the rapid development of e-commerce in China,internet shopping has become an indispensable part of our daily lives.The online behavior of"brushing orders and speculating on letters" has emerged and become increasingly fierce.The behavior of online "brushing orders and speculation" refers to sellers seeking "brushing hands" to engage in false transactions in order to attract consumers’attention and obtain more trading opportunities,and improperly increasing product sales,user praise,and store reputation.The core issue lies in what kind of criminalization mechanism should be adopted for online "brushing orders and speculation" behavior.In judicial practice,there are endless cases of "different judgments in the same case",so it is necessary to conduct in-depth research on the criminalization mechanism of online "brushing orders and speculation "behavior.There are various ways in which the behavior of online "buying and selling" can be manifested.Based on the specific behavior of this behavior,it can be classified as positive "buying and selling" behavior and reverse "buying and selling" behavior,which has a high degree of clarity in classification.The online behavior of "brushing orders and speculating letters" is often carried out through internet platforms,which include a variety of subjects.According to the specific performance of each subject in the actual behavior process,the subjects included are roughly divided into four categories:organizational "brushing orders and speculating letters",actual brushing orders,online store operators,and internet trading platforms.With the development of online "brushing orders and speculation" behavior to this day,the subjects involved in this behavior have become increasingly complex,especially with the increasing scale and platformization of this behavior,making the subjects of online "brushing orders and speculation" behavior more diversified and the division of labor management more refined.Online "brushing orders and speculation" is a common phenomenon in online platform transactions.In the past,cracking down on online "brushing orders and speculation" behavior mainly relied on civil and administrative means,that is,the industrial and commercial departments imposed administrative penalties on brushing orders.However,due to the upper limit of punishment,it is far from deterred such illegal behavior.In actual judicial cases,some cases convict and punish the positive behavior of "brushing orders and hyping up credit"through the crime of illegal business operation and false advertising,while others convict and punish the reverse behavior of"brushing orders and hyping up credit" through the crime of damaging production and business operation and damaging commercial reputation.However,there is still a great deal of controversy regarding the specific determination of charges and the amount of charges.If it is falsely identified as the crime of illegal business operation or the crime of disrupting production and operation,it will lead to analogical interpretation,thus violating the principle of legality in crime and punishment.The behavior of online "brushing orders and speculation" has serious legal infringement,damages the legitimate rights and interests of consumers,disrupts the competitive order of operators,and hinders normal online business activities.For those serious acts of online "brushing orders and speculation",without using criminal law to regulate this behavior,it cannot truly have a restraining effect.At the same time,there are also limitations to the industry autonomy of internet platforms.Therefore,for some very serious consequences of online "brushing orders and speculation" behavior,the conviction and punishment through criminal law do not violate the principle of modesty in criminal law.Therefore,reconstructing the criminalization mechanism of online"brushing orders and speculation" behavior has legitimacy.In response to the above issues,it is urgent to penalize various acts of obstructing business conducted through the use of the Internet through criminal law.To address past legislative gaps and loopholes in punishment,and to avoid violations of the principle of legality in judicial decisions,it is necessary to add new charges,namely the crime of using computers to obstruct business.By adding new charges,it is necessary to convict and punish the behavior of online "brushing orders and speculation",Provide a detailed explanation of the article design and criminal composition of the crime,and analyze it from the aspects of the conviction standards of the crime,the boundary of the subject of online "brushing orders and speculation" behavior.