The Definition of Punishment and The Choice of Charges for Click Farming
The act of scalping and speculation damages the market economic order of China,but there are still argu-ments in the academic field on whether the act of scalping and speculation is criminally punishable.In practice,there are difficulties in the choice of charges for scalping and speculation.We should draw lessons from the theory of punishable illegality.Only when both"quality"and"quantity"meet the conditions for criminal punishment can the act of writing orders and speculating letters be criminally punishable.On the choice of charges,it is not appropriate to conviction and sentencing the crime of"pocketing",and we should deal with the acts of scalping and speculation in types,establish the qualitative principle of mainly infringing upon legal interests and supplemented by means,first identify them as economic crimes according to the main legal interests of infringement,and then identify them as network crimes according to means that cannot be evaluated as economic crimes,so as to maintain the order of mar-ket competition.
the behavior of brushing orders and speculating on letterspunishable illegalityeconomic crimescyber-crime