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Original Title: Peking University E-Commerce Law Research Center: New Charges May Be Added For New Kinds Of Cyber Crimes
On December 19, Peking University E-Commerce Law Research Center issued the “Building E-commerce Business Environment and Network Product Governance in Black and Grayreport“(Later called report), from the three dimensions of behavior, governance of the platform and high-level system to carry out an in-depth analysis of the problem of black and gray products in the business environment of electronic commerce, and propose a joint effort of the government and the company.The InternetBlack grayindustry, Optimization of the business environment of the network, ensuring electricitydealThe healthy development of the state.
The report noted that while attention is paid to the domestic e-commerce business environment, it should be noted that cross-border e-commerce, as an important way to connect Chinese manufacturing and global consumption, has become an important driving force for the growth of China’s foreign trade volume. However, the consequent “cross-border brushing” and “cross-border bad reviewers” and other black and gray products of the international network are growing by the day and are becoming an “obstacle” to the healthy development of cross-border e-commerce.
Reports include slip orders and card speculation, cardsFirmBlack and gray internet such as merchants, malicious marketing plugins, express void pack, bad professional reviewers, “wool”, malicious plugins, etc.Industrial chainAscending, intermediate and descending behaviors were studied. With regard to the cyber and gray industry represented by the behavior of “swiping orders and speculating letters”, the report presents ideas of governance and regulatory suggestions from six aspects:
First, from the perspective of criminal law, the conduct of scrutinizing speculative orders and letters is classified primarily as the crime of illegal business operations and the crime of disruption of production and business in judicial practice, but the application of these two charges is theoretically controversial. There is a suspicion of abusing the “pocket crime” for the behavior of the swipe-forward orders as the crime of illegal business operations, and the conviction and punishment of the crime of slip-back orders to sabotage production and operation. Analogue interpretation is suspected. The report noted that a strict and high-pressure crackdown on the Internet industry is necessary in practice.attitude, The use of appropriate charges to convict criminal gangs, but also theoretically explore how to implement more appropriate criminal regulations in current criminal law for fraudulent conduct. In view of the limited applicability of current criminal law to cybercrime, it may be a more effective way to regulate new types of cybercrime by adding new crimes.
Second, from the civil law relief point of view, the act of shifting orders can be adopted firstcontractLaw relief route. In the case of the contract concluded between the operator and the brushing hand, it can be considered invalid due to malicious collusion and the interests of a third party. However, a careful examination of whether it constitutes malicious collusion is necessary to determine whether it constitutes malicious collusion; if consumers are misled by the act of brushing the order. At the conclusion of a contract, the contract between the operator and the operator may be canceled based on a major misunderstanding or fraud. Second, the tort law can be adopted to remedy the way. Operators mislead consumers by providing bogus content by swiping orders, which may violate consumers’ right to know.Industry competitionIn the case of losses caused by a malicious review of orders, the malicious reviewer may be required to take the civil liability for compensation. For the credit loss suffered by the company, the violator may also be required to take tort liability, take steps to restore reputation, and apologize. Finally, the widespread illegal reselling and illegal use of consumers’ personal information in credit scrutiny and speculation behavior may constitute an infringement of personality rights. In accordance with the special provisions of the Civil Code on the protection of personal information, it can be stated that they constitute the legitimate rights and interests of natural persons. The infringement requires violators of the law to assume the corresponding tort liability.
Third, from the perspective of e-commerce law enforcement, the basic basis of the “E-commerce Law” for sanctioning fraudulent letters is Article 17, which requires e-commerce operators to fully disclose , truthful, accurate and timelyProductorServiceThe information will not be used for false or misleading commercial advertising through fictitious transactions, fabricated user reviews, etc., to mislead or mislead consumers. Consumers make transaction decisions based on speculative false information, and their right to know is affected, and they can claim damages from the e-commerce operators involved in the transactions. Report for e-commerce platformscreditSuggestions on how to improve the evaluation system mainly include the classification and processing of comments on goods or services, platform announcements from merchants participating in orders and speculations, and the strengthening of the platform rules and user agreements to regulate orders and speculation. In addition, articles 11 and 28 of the “Electronic Commerce Law” also provide a regulatory avenue to indirectly curb scrutiny and speculation behavior from the perspective of strengthening tax supervision.
Fourth, from the perspective of competition laws and regulations “Unfair competition law》 Article 8 clearly characterizes order fraud and its assistance as false propaganda, clarifies the civil responsibilities of the two types of above operators and at the same time increases the administrative penalties imposed by the supervision and inspection department, forming a qualitative response to the order fraud and speculation. To the complete regulatory framework of sanctions, in this case, thecompanyAnd the platform operators can try or organize the participating black and gray productsteamInitiate a civil lawsuit or report to the relevant departments to protect your own rights and interests. In addition, the report also recommends the establishment of a national system of complaints and grievances and the establishment of professional litigation.attorneyTeam, diversified internal credit assessmentmechanismSolve the limitations of the antiregulatory pathway through other means to better fight black and gray line tumors.
Fifth, from the administrative law enforcement perspective, administrative law enforcement agencies can follow the “Consumer Rights Protection Act”, “Internet Transaction Management Measures”, “advertisingThe law imposes administrative sanctions such as fines, confiscation and cancellation of business licenses on the protection of consumers’ right to know, false propaganda from operators and false advertising.
Sixth, from a social governance perspective, we must strengthen the legal responsibilities of the media towards the individuals involved and peripheral participants by reporting cases related to coded letters and letter speculation, and increase the legal awareness of individuals. through media propaganda.public. Establish post-event punishment measures and differentiate the groups of people who will be punished by the corresponding institutions, such as party discipline, political discipline, and school discipline.popularThe management of the industry can be guided by the government when necessary and promote the joint punishment of entities for credit speculation.
Finally, the report noted that cracking down on the black and gray internet industry and creating a good business environment requires the platform and the government to work together to govern. The report recommends, coordinated by the government oversight department and provided by the business platformTechnical support, Bring together the tripartite forces of government, business and individuals to establish a multi-platform, multi-dimensional and comprehensive black and gray industry strike mechanism, form a coordinated and unified counterattack against the alliances of black and gray industry, and the entire society to build common governance and share a good business environment, Help the orderly development of the online economy.
(Source: Sino-Singapore Jingwei)
(Responsible editor: DF537)
I solemnly declare: The purpose of this information is to spread more information, and it has nothing to do with this booth.
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