How To Avoid The Risks Caused By The Brush Up Behavior Under The Network Environment

With the emergence of "professional brush customers" and "brush chain" industrial chain, part of the network scrub behavior has seriously disrupted the normal operation order of the network providers, there are also serious violations of legal interests, it is necessary to resort to criminal law to regulate.

Of course, in order to effectively cope with the risks caused by the scalping behavior under the network environment, the regulation of the criminal law still needs the cooperation of other department laws, so we need to play the role of the criminal law backing law from the perspective of social panorama control.

Brush single line and necessity of criminal law regulation

"Brush list" is only a general term in the network environment. It should have different meanings in different fields, and its extension is expanding with the development of Internet era.

According to the purpose of the brush list, the brush can be divided into prestige brush, property brush and concurrence brush list.

Reputation brushing is usually seen as a seller with a network qualification. It can increase the online store level through the brush up to gain greater business permissions, or enhance reputation to expand product sales.

However,

The operators hire a customer to make a bad comment on other similar stores, trying to get the attention of the platform regulatory authorities to others' online shops, and be punished by false pactions because they are maliciously affecting their businesses or maliciously praise them.

The property brushes mainly refer to the behavior of some businessmen and users who use various means to fabricate trading orders in order to obtain subsidies or awards from software operators.

Concurrence brush list is a combination of prestige brush and property brush. It not only improves the reputation of merchants, expands sales volume of goods, but also rewards or rewards software platform by brush action.

The use of takeaway software and hotel group buying software brushes mostly belong to this type.

According to different types of behavior, illegal gains and specific circumstances, the legal responsibilities of the brushes and their related behaviors should be different.

For some cases involving small amount of property and minor plot, the use of civil, administrative and other non criminal means can be dealt with, and there is no need to evaluate the criminal law. This is the inevitable requirement of the principle of modesty in criminal law.

However, in today's rapidly developing network environment, Internet brush scalding is increasingly rampant, and the behavior of brushing is no longer just a casual behavior. The emergence of the "professional brush" group and a series of single brush industrial chains has seriously damaged the legitimate rights and interests of consumers, damaged the interests of honest business operators, and seriously hindered the normal development of the network and disrupted the normal social order. If we only regulate civil and administrative non criminal laws, it is difficult to restore the damaged social order, and it is difficult to protect the relevant legal interests, so we must resort to the criminal law to regulate them.

Brush a single line as a possible offence.

Generally speaking, the charges that may be violated by a single bank include:

1.

The crime of damaging commercial reputation and reputation.

Online shop operators hire customers to make bad comments on their businesses, damage other people's business reputation and reputation, cause economic losses to a certain standard, or have other serious circumstances, which may constitute damage stipulated in the 221st provision of the criminal law.

The crime of commodity reputation.

2.

Crime of disrupting production and operation.

According to the 276th provision of the criminal law, the crime of disrupting production and operation refers to the destruction of machinery and equipment, the destruction of farm animals or the destruction of production and operation by other means, as a result of anger, revenge or other personal purposes.

In order to crack down on the normal operation of others' shops, the shop operators are punished by hiring single people to make malicious comments on other stores, and thus causing others to be punished by the regulatory authorities as false pactions. In fact, they are destroying other people's production and operation.

3.

The crime of false advertising.

According to the 222nd provision of criminal law, advertisers, advertising operators and publishers violate the provisions of the state and use advertisements to make false propaganda for goods or services. If the circumstances are serious, they constitute the crime of false advertising.

When a shop operator employs a single person to do a good job of brushing his or her own products, the evaluation of the brushes will inevitably involve the performance, quality and after-sales service of the products. This kind of praise is actually an advertising campaign for the consumers.

If a single person makes a false evaluation of the product, if the circumstances are serious, it may constitute a crime of false advertising.

4.

Extortion.

A lot of brushes single person to report the businessman brushes the single phase coercion to blackmail the money, the merchant fears that the shop is closed, most dare not solve through the electronic commerce platform, can only privately contact with the brush person to agree with its illegal request.

In addition, when the professional brush organization reaches a certain scale and has considerable operational discourse power, it will threaten the online store to give bad reviews and extortion of money.

This kind of illegal possession is the purpose of using threats or coercion methods to shop operators, forcing property and meeting the corresponding standards, or extorting extortion on many occasions, thereby setting up extortion.

5.

Crime of fraud.

Those who are specially registered for malicious accounts, or those who are normally run or operated by businesses or individuals, will later become a long-term malicious scaber. If their brushes are used to meet the amount of standards required for fraud, and the actor is subjectively for the purpose of illegal possession, he can be held criminally responsible for fraud.

However, for the good faith registered platform account holders, it is actually a breach of contract in the long-term normal operation or operation process, which can not be regarded as a crime.

The problem of accomplice in crime of scalping

For the qualitative analysis of the related personnel behavior, specific problems should be analyzed in detail.

1.

Distinguish types of brushes and identify accomplices.

In a reputable brush, if a shop employs a single person to make false praise of its shop, merchandise, etc., it is in line with the constitutive characteristics of the crime of false advertising. Then the shopkeeper and the brush holder will establish an accomplice of the crime of false advertising; if the shop employs a single person to make bad comments, slander or malicious praise on the peers, it will be in line with the constitutive characteristics of the crime of damaging commercial reputation, reputation or damage to production and operation.

In the property scrubber, if merchants and professional brushes cooperate with each other in fictitious pactions, the subsidy or reward of the network platform can be swindled, which is consistent with the characteristics of the crime of fraud.

2.

Provide criminal responsibility for technical supporters of the bill.

For those who sell brushes and software on the Internet, if they know that the actors are still providing technical support for fraudulent fraud, they constitute accomplices of the crime.

If the provider of brush technology does not communicate with the brush person and does not know whether he or she wants to implement the fraudulent act of fraudulent use, but if the technology or method is used only for "fraud", the act of exposing such technology or providing such technology is a deliberate use of various means to impart criminal methods to others, so it may be recognized as a crime of imparting criminal methods.

3.

Responsibility recognition of "help" behavior of logistics companies.

The logistics company helps the shop to send empty packages, or does not send the empty packages directly, but directly the virtual logistics information. Its behavior is actually helping the shop to complete the brush behavior. The online shop's brush line is that if there is a crime, the relevant logistics company may establish a helper.

1.

Responsibility recognition of search engine and electronic business platform.

If the search engine or the ecommerce platform knows that other people use their information network services to carry out the crime of brushing, they still provide support and convenience, and the two sides have no direct contact. The regulatory authorities order to take corrective measures while the search engine or e-commerce platform refuses to correct them. The criminal law amendment (nine) has set up the crime of refusing to perform the information network security management obligation and helping the network crime in the criminal law amendment (nine).

A search engine or an electronic commerce platform may also establish two crimes at the same time. It should be convicted and punished according to the principle of penalty for heavier punishment.

If the search engine or electronic business platform does not provide support and convenience for the crime of brush crime, it only knows that the other party may implement the behavior of brushing, but does not continue to follow up the regulation.

The behavior of search engine or e-business platform is harmless from appearance, but objectively promotes the behavior and result of criminals.

In criminal law, this behavior is called "neutral helping behavior".

I agree with the treatment of neutral help behavior.

Specifically, it should be based on whether the search engine or electronic business platform has a definite intention to deal with it. If it knowingly brushes a single person's criminal intent, still provides platform services for them, then the search engine or electronic business platform will help the offender; if it does not exactly recognize the criminal intent of the criminals, it only recognizes that the services provided by the platform may be used by the criminal, and the principle of trust should be applied in principle to solve them.

If the consequences of the damage happen, if the search engine or the electronic business platform actively deals with it, fulfilling obligations will not constitute a crime; if the harmful consequences still fail to fulfill its obligations, criminal responsibility can be investigated in accordance with the crime of refusing to fulfill the obligation of information network security management.

2.

Establish the responsibility of the QQ group professor's brush method.

In practice, a lot of lawless elements have organized QQ group professors' scrub technology on the Internet.

In order to maintain the normal network order and curb the spread of illegal and criminal information, the criminal law amendment (nine) has added the crime of illegally using information networks.

In fact, the crime of Imparting Criminal Methods and this crime is actually a concurrence between general and special laws. Generally, it should be convicted and punished according to the principle of special law superior to general law.

In addition, when a single person performs a specific crime according to the method of teaching by the actor, the online Professor brush method can also constitute an accomplice of the crime.

3.

Online sales of registered account information related to the criminal responsibility of providing help for the bill.

In addition to the sale of brush sheets and brush software, there are also some people who sell fake ID cards, fake driving licenses or other real identity information to register accounts. They may be suspected of forging identity cards, forging, buying and selling certificates of state organs and selling and illegally providing personal information to citizens.

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.