The Prevention Of Online Clearing Fraud

The security issues of E-commerce and online clearing fraud what is evoked by the E-commerce have become the major "bottleneck" to the development of E-commerce. This article attempts to around cyberspace with the character of information existence , explaining the two levels of concept: the online clearing fraud and the regulation of it, on the basis of which put forward the reasons and principles of regulations as well as recommendations and measures from legislation and law enforcement, judicial, market regulatory and other aspects of the online clearing fraud regulations. This article divided into five chapters.Chapter I analyzed the concept of online clearing fraud. On the basis of traditional civil fraud analysis, fraud is tort which carried out by means of information. The author around the network space with the character of information existence, deepen and expand the intention along with extension of the traditional civil fraud, summed up the definition and constituent elements of online clearing fraud.Chapter II discussed online clearing fraud control system concepts and ideas. I think fraud on the regulatory system regulate and control the information sources, production, quality and flow in the process of online clearing, to induce the other party makes the information operation on a wrong meaning. Because of information asymmetries, online clearing fraud is essentially an information operation, and the regulation should be based on the special characters which network space exists with information pattern, as well as the features which the fraud is in progress of operating information. Chapter III discussed the legislation system of online clearing fraud. I believe that information on all types of online clearing legal norms and rebalancing the combat status between the online operators and consumers are the basic ideas to the legislation system. Online clearing fraud demonstrated by the means of focusing on "unauthorized electronic payment". The analysis of the responsibility of the parties relevant legislation of "unauthorized electronic payment" in U.S could put forward suggestions to our legislation on online clearing fraud.Chapter IV and V discussed regulation measures such as judicial and the rules of market access and exit, as well as the improvement methods in our country the third-party payments. In my view, to the judicial regulations for online clearing, it is important to the characteristics of fictitious networks to improve the civil and criminal responsibility for the involvement of conditions, and strengthen the legal relief by fraud, and to advocate the establishment of suitable control to the E-commerce market access and exit.