The Prevention Of The Internet Fraud Crime

Internet fraud crime is not one of the concrete accusations in the criminal law but a general name of all kinds of fraud crime implemented on the Internet. Compared with the traditional crimes, the Internet fraud crime has its unique characteristics: the virtual of the crime space, the concealment and continuity of the criminal behavior, the specialization of criminal means, the cheap of criminal cost and the younger of the subject of crime. According to the object of a crime, there are two kinds of Internet fraud crime: the common one and the special one. The main object of common Internet fraud crime is the ownership of public and private property. however, the main object of special Internet fraud crime is the market economic order. Generally the later is more serious than the former as the subject of common Internet fraud crime is only limited in nature person, while the subject of the special one contains both nature person and unit.There are many causes of Internet fraud crime. In aspect of legislation, there are only two accusations in the criminal law which directly involves Internet fraud crime. In aspect of judiciary, the main reason is the conflicts of jurisdiction and the delay of investigation and international cooperation. In aspect of security system, the incomplete of sure of safety protection, all these contributes greatly to the crime. As for social reasons, our country is in the transition phase, unavoidably there are confusion of value, loss control of moral supervision. Some people take risk to seek for money by improper means. And the netizens'weakness in guarding against fraud also facilitates the criminal's arrogance bluster to some extent.In order to prevent crime, it is necessary to take measures of law, administration and education integrated. Firstly, we need to legislate on the Internet fraud crime. One is to consider the virtual property as the electronic data,and to convict the act of defrauding virtual property according to the Article 9 of The Amendmentâ…¦to the Criminal Law of the People's Republic of China. Another is to define the position of electronic evidence by modifying the criminal procedure law. The third is to define the multiple fraud as an objective essentials of fraud crime by modifying some items in the crime law. Secondly, it is important to make a reasonable explanation on the crime location basing on the principle of apanage jurisdiction. Thirdly, the government should strengthen the supervision of the Internet, guide and supervise the units to implement the safety system. Lastly, we need to speed up the moral construction of the Internet, to provide education on network safety and law, to improve the awareness of cheat-resistance and to eliminate the soil which is suitable for the growth of Internet fraud.