The Stereotype Expansion and Criminal Law Regulation of Behaviors that Violate the Order of Online Transactions
Positive brushing behaviors and reverse brushing behaviors are two typical behaviors that vio-late the order of online transactions,and there are differences in their behavior patterns and effects.The crime of illegal business operation cannot properly evaluates the behavior of positive brushing orders and speculating on trust,and characterizing the behavior of reverse brushing orders as the crime of disrupting production and operation violates the rule of crime that confirmed by law.Within the current regulations supply of Chinese Criminal Law,applying the crime of false advertising to punish positive brushing behaviors and applying the crime of damaging commercial reputation to evaluate reverse brushing behaviors are an optional expedient mea-sure.The ideal path to regulate behaviors that violate the order of online transactions is to add the crime of"or-ganizing fictitious online transactions"in the"Crimes of Disrupting Market Order"section of Chapter 3 of spe-cific provisions of Chinese Criminal Law,defining this crime as a purposive offense,and coordinating the rela-tionship between criminal law and pre-existing laws in terms of the design of the fact about the crime and the allocation of statutory sentence.
万方数据
维普
