电商领域刷单炒信行为类型化及法律规制路径

The Practice of Order Manipulation and Credit Speculation in the E-Commerce Sector Follows a Typified and Legally Regulated Path

摘要: 炒信刷单一词起源于电商平台，是电商平台经营者通过虚假交易、虚假评论等方式，虚假宣传商品或服务的行为。但随着互联网的不断发展，刷单炒信行为开始出现多种形式。基于行为目的不同，可区分为正向刷单炒信和反向刷单炒信。但由于理论界和实务界对网络刷单炒信行为的定性存在较大争议，且前置法缺乏对网络刷单炒信行为的界定，刑法又无具体罪名，仅依赖于部分传统罪名予以规制，故法律规制存在困境。通过明确刷单炒信行为的界定和构成要件，类型化区分规制刷单炒信行为破解法律规制困境。

Abstract: The term “credit manipulation” originated from e-commerce platforms. It refers to the behavior of e-commerce platform operators who falsely promote goods or services through false transactions, false reviews, and other means. However, with the continuous development of the Internet, various forms of order manipulation and credit speculation have begun to emerge. Based on different behavioral purposes, they can be classified into two types: positive credit manipulation and reverse order manipulation for credit manipulation. However, due to the considerable controversy in both the theoretical and practical circles over the characterization of the act of online order rigging and credit manipulation, and the lack of a clear definition in the prior law, as well as the absence of specific criminal charges in the criminal law, which only relies on some traditional charges for regulation, there is a predicament in legal regulation. By clarifying the definition and constituent elements of the act of trading orders to manipulate credit, and by classifying and regulating such acts in a categorized manner, the legal regulatory predicament can be resolved.