Criminalization standard of providing false information in network account transactions and retrieving accounts unilaterally

Abstract

In online account transactions, the seller providing false information and unilaterally retrieving the account are common actions that may lead to criminal prosecution. However, there is still controversy over the standards for convicting the two crimes in theory and practice. These two behaviours are both standard practices by sellers that harm the interests of buyers, and they may even co-occur in the same transaction. Moreover, under certain circumstances, these two behaviours may produce some ambiguity in definition or interrelatedness, thus making it valuable to study both simultaneously. Regarding providing false information, attention should be paid to its subjective intent and the standards of erroneous understanding. Regarding retrieving an account unilaterally, attention should be paid to its confidentiality requirements and the differences in civil and criminal boundaries and charges involved in the contract. In addition, for the behaviours of both parties, attention should be paid to the responsibilities of the operator platform and the transaction intermediary platform, as well as the establishment of accurate measurement standards for the market transaction value of accounts and the value of user investment.