The Legal Prohibition Of The Online Auction Fraud

With the development of the computer and internet ,all-over the world is becoming more and more contactable online ,which impact much on the traditional customs of people's produce ,consume and other aspects ,which also insult in the great change of the business process, including the essential changing of the business mode from traditional word-dealing and information transportation to electronic information transferring ,the unchangeable trend of the online transaction which differentiates much from the traditional business .It announces the era of the electronic commerce. The essential part of the EC is online transaction ,which change the traditional business mode and develop fast throughout the world ,attracting the mostly attention of the world .But everything has two sights ,the virtualizility ,trans-region ,uncertainty of the cyber-environment leads to the possibility of the outcome of the shortcomings .Nowadays the greatest challenge of the online transaction is online auction fraud, which attainting the online transaction ,seriously damaging the online transaction parties' legal interests , degrading the enthusiasm of the one addressing to buy/sell merchandise online ,resulting limit the prospect of the online transaction .Facing the challenge of the enormous and increasing online auction fraud ,the traditional legal system was seemed as less and less effective and efficient . The up-grading of the traditional legal regime is becoming more and more urgent , made it adapt to the ever-changing internet environment .Recently almost all of the countries in the world have been endeavoring to setup effective legislation to fight against the online auction fraud .As far as the Chinese e-business law is concerned , there are few legislations concerning EC and even less legislations regulating the online transaction because of the late and slowly development of Chinese EC . But the traditional legal regime has no provisions concerning the issues coming from the online transaction , such as online auction fraud and so on ,which is new to the legal system and the judges .The courts have to resolve the cases concerning the online transaction with traditional civil laws ,such as the Civil Code and the Contract Law and etc . But the present legal system has no effective instrument preventing this new kind of fraud ,and it can't give adequate relief to the victims of the online auction fraud .If conformity to some of provisions or principles of the traditional and present legal regime , such as the principles about the jurisdiction and burden of proof ,even it would be impossible to bring a action against the criminals committing online fraud . It's crucial to update the legal system to adapt to the need of fighting against the online fraud .There are three parts in this article .The first part includes the comparative analysis of online auction and traditional auction ,the conclusion of the essence of the online auction according to the analysis of the component of the traditional civil fraud .The second part is concerned about the defect of the legal regime nowadays ,wanting of effective regulation to the online auction fraud ,giving no effective and equitable relief to the victims of the online fraud .The third part analyses how to prohibit and regulate the online auction fraud .According to the Chinese economic and legal environment ,referring to the successful experience of the foreign nations (especially the USA ),changing the adverse status of the victims of online fraud difficult to get the effective judicial relief by the means of granting them the effective and reasonable ability and implementation of relief ,strengthening the pre-preventing of the online auction fraud through the strengthening of the legislation regulating the online transaction and enhancing the effect of the website in the EC ,strongly control and prohibit the online fraud ,especially the online auction fraud .