关键词: 网络交易平台, 刷单行为, 法益保护位阶, 行刑边界

Abstract: The click farming behavior on online trade platform causes harm to society, and penalty evaluation should be made based on different types of behavior In the type of self-click farming to create a high transaction volume and credibility, the operators don′t commit a crime, but their swindling virtual property should be convicted of fraud In the type of click farming to the competitors, if it brings significant loss or other serious damage to competitors, operators should be convicted of the crime of damaging the business reputation, and by using platform regulatory rules, operators conduct click farming which makes competitors suffer loss, but this behavior cannot be evaluated by the crime of damaging production Operators establishing click farming entities don′t commit a crime, but thase who create illegal websites or the communication groups to provide service about the click farming should be punished by the crime of illegal business operation The hierarchy of legal interest protection should consider the object of legal interest protection and the penalty boundary should be focused on the amount and the severity

Key words:  online trade platform, click farming, hierarchy of legal interest protection, penalty boundary