Abstract:
The Interpretation of Several Questions Concerning the Application of Law in Criminal Cases of using Information Network to Implement Defamation deals with the act of paid deletion as the crime of illegal business operation. However, this provision lacks formal elements of "violating the state regulations" of the crime of illegal business operation, and the act of paid deletion does not violate the core legal interests of disturbing the social order of the crime of illegal business operation. It is unreasonable to treat the act of paid deletion as the crime of illegal business operation. The proper way to regulate paid deletion is to reclassify the deletion of posts, ignore its professional attributes, face up to its subjective culpability and the specific content of objectively deleting information, and regulate the paid deletion with relevant theories of accessory.