网络购物中刷单行为的法律规制及刑法适用

Legal Regulation and Application of Criminal Law on Faking Reviews to Boost Reputation Behavior in Online Shopping

网络刷单行为涉及的群体多元,侵害的法益多样,法律应对刷单平台进行规制。学界对该行为是否入刑,是否用非法经营罪、虚假广告罪、非法利用信息网络罪规制都存在争议。打击刷单行为,应以民事规制作为首要手段,行政规制作为主要手段,以刑法非法利用信息网络罪规制为最后手段,电商平台自治为补充手段。

Faking reviews to boost reputation involves a variety of groups of people and infringement of various legal interests. The law should regulate the Faking reviews to boost reputation platform. There are disputes in the academic circles about whether this act should be punished, whether it should be regulated by the crime of illegal business operation, the crime of false advertisement and the crime of illegal use of network information. In order to crack down on faking reviews to boost reputation, we should take the civil regulation as the primary means, the administrative regulation as the main one, criminal and the law as the last means, and electronic commerce platform as the supplementary means.