The Reflection on the Criminal Law Response to Acts of Falsely Increasing Credit in the Context of the Digital Economy
Due to the virtual and unbounded nature of the digital economy,there naturally exists a natural trust crisis among transaction participants.As one of solutions to such crisis,the credit evaluation system has become an important channel to maintain the trust relationship among sellers,buyers and platforms.For the purpose of punishing the false credit increase,there are two opposite propositions:the view of seeking conviction through judicial practice and the view of seeking criminalization through legislation.However,the view of seeking conviction through judicial practice is not suitable for acts of falsely increasing credit in terms of the constituents of illegality and positioning of legal interests;although the view of seeking criminalization through legislation is correct in the ontological conclusion concerning infringement,it does not take into account the ability of self-protection of legal interests of credit evaluation business and the issue of remedies and tolerance due to the inherent defects of the credit evaluation system.Considering the development of the view of control through criminal law in the age of Internet and the principle of supplementary nature of criminal law,using criminal law to govern acts of falsely increasing credit may not only be ineffective due to inability to resolve the contradiction between compliance with injunction and survival,but also curb the enthusiasm of self-governance of social subsystems.It is necessary to take a especially prudent attitude towards the criminal response to acts of falsely increasing credit and focus on the improvement of non-criminal legal means.The issue of criminal law response to falsely increasing credit should be treated with special caution and the focus shall be placed on improving the non-criminal legal means.
Digital EconomyFalsely Increasing CreditCriminal Law Responsereflection
万方数据
维普
