Research On The Criminal Law Nature Of Online Bill-brushing

The rapid development of Internet technology changes traditional commercial activities from offline to online.Online shopping emerges at the historic moment and becomes an important channel for consumers to shop.The network context greatly promotes the flow and interaction of information.Each user can make comments on the online shopping platform and share with other users.At the same time,the openness of online shopping evaluation makes consumer evaluation become an important factor affecting online shopping.Commercial unfair competition means in the Internet era has a new form of expression,in the major e-commerce platforms emerge in an endless stream.Among all kinds of unfair competition behaviors,the increasingly rampant phenomenon of Internet brushing has attracted the attention of experts and scholars.How to control the disorder of Internet brushing has become a hot issue of social concern.Internet platforms have made internal rules determined to punish,and the economic law and administrative law have increased and revised the law,but they still cannot achieve effective governance.The seriousness of online bill-brushing behavior has touched society’s last line of defense--the criminal law.With the emergence of the first criminal case of Internet brushing,online bill-brushing behavior has become a concern in the field of criminal law.Although the case has been pronounced,the discussion of online bill-brushing behavior in criminal law circles has just begun.What is the online bill-brushing behavior in the sense of criminal law,how harmful is it to society,how to characterize it in criminal law,these issues need to be studied.This article will comprehensively apply the literature study,case analysis and induction analysis methods,on the basis of clarifying the concept,subject and type of online bill-brushing behavior,discuss the necessity of the criminal law’s involvement in online bill-brushing behavior,combined with the typical precedents of judicial practice,and analyze the qualitative problems existing in the criminal law of online bill-brushing behavior.Then it puts forward the basic position and the proper path of the criminal law of the online bill-brushing behavior.In addition to the introduction,this paper is divided into five parts:The first part gives an overview of the online bill-brushing behavior.Although the term "brushing" is well known to the public,it is different from the online bill-brushing behavior in the criminal law.This part,based on the phenomenon of network brushing and the actual situation of online bill-brushing behavior,defines the concept of online bill-brushing behavior,introduces the subject and type of online bill-brushing behavior,and defines the research object of this paper.The second part discusses the necessity of criminal law’s involvement in the online bill-brushing behavior.First of all,the online bill-brushing behavior has serious social harm.It not only infringes the interests of various online shopping subjects,but also seriously disturbs the order of market competition.Secondly,administrative law,civil law,economic law,platform trading rules and other non-criminal means are not enough to regulate the online bill-brushing behavior.Therefore,it is necessary to use criminal law to govern the online bill-brushing behavior.The third part is the reflection on the legal case of the online bill-brushing behavior in the criminal law.First of all,this part introduces two criminal cases of online bill-brushing behavior and analyzes their qualitative characteristics of criminal law.Secondly,it summarizes the qualitative problems of criminal law existing in precedents,one is the ambiguity of the infringement of legal interests,the other is the undivided behavior pattern.The fourth part discusses the basic position of the qualitative of the online bill-brushing behavior.First of all,it points out that the current criminal law can still be applied to the online bill-brushing behavior.Secondly,it analyzes the interpretation of the criminal law of the online bill-brushing behavior.In the qualitative aspect of the criminal law,the interpretation of the criminal law should conform to the principle of legality,and the interpretation of the pocket clause should abide by the same interpretation rule.The fifth part puts forward the qualitative path of online bill-brushing behavior in criminal law.First of all,it is necessary to distinguish the types of bill-brushing behavior and clarify the qualitative.Specifically,if the positive bill-brushing behavior is serious,it constitutes the crime of false advertising;If the reverse bill-brushing behavior is serious,it constitutes the crime of infringing commercial reputation or commodity fame.Secondly,it is necessary to split the behavior patterns and evaluate them separately.To be specific,if the circumstances of organizing bill-brushing behaviors are serious,it shall constitute the crime of helping information network crime;If the circumstances of operating a bill-brushing platform are serious,it shall constitute the crime of illegal use of information network;Organization bill-brushing behavior includes operation bill-brushing platform behavior,serious circumstances,choose a felony punishment.