刷单炒信行为的刑法规制研究

Research on the Criminal Regulation of the Act of Credit Speculation

刷单炒信行为是一种新型的网络犯罪行为。该行为所侵害的法益是以电子信用评价机制为主的复杂法益。就适用罪名而言,该行为不宜适用具有口袋罪名性质的非法经营罪,相较而言,适用非法利用信息网络罪规制更为适宜。与此同时,对刷单炒信罪罪数、共犯以及犯罪形态等司法适用问题进行探讨,将有利于更好地规制该罪。

The act of credit speculation is a new type of cybercrime. The legal interest infringed by this behavior is complex and mainly based on the electronic credit evaluation mechanism. As far as the applicable crimes are concerned, this behavior should not be applicable to the crime of illegal business operations with the nature of pocket crimes. In contrast, it is more appropriate to apply the crime of illegal use of information network and the crime of helping information network criminal activities. At the same time, it will be conducive for better regulation of this type of behavior to discuss the crime numbers, accomplices, and criminal patterns and other issues of judicial application.