经营性刷信誉行为对电子商务尤其是C2C模式的秩序有巨大冲击。具体可以体现在对信用秩序的扰乱、对竞争者的打压和对消费者知情权的限制,故此有必要以刑法加以规制。然而以非法经营罪对经营性树信誉行为进行规制并不合适,其行为有着本质的不同。经营性刷信誉行为本质上是一种广告行为,通常应以虚假广告罪进行规制,当作为帮助行为时运用想象竞合的原理进行处理。 Business credit reputation behavior has a huge impact on the order of e-commerce, especially C2C model. Specifically, it can be reflected in the disruption of the credit order, the suppression of competitors and the restriction on consumers’ right to know, so it is necessary to regulate it by criminal law. However, it is not appropriate to regulate the credit behavior of operational tree by illegal business crime, and its behavior is fundamentally different. Business reputation is essentially an act of credit advertising, advertising should usually be guilty of false advertising, when used as a helping act to use the principle of imagination competing for processing.