Study On The Regulation Of Fraud Crime By E-commerce

With the rapid development of e-commerce, the crime of fraud by e-commerce as a typical group species of cyber-crime, to which has been attached major importance by the fields of criminal legislation, jurisdiction, as well as theory, is worth of great theoretical and realistic significance for its research and prevention. At the same time, the sustainable development of e-commerce transactions is slowed down by crime of fraud by e-commerce. With the development of legal theory and thought of penalty, the crime of fraud by e-commerce has been attracting more and more attention in China. However, compared with the relevant legal provisions in developed countries boasting much more e-commerce popularization, the relevant legal measures in China is far from perfect. The status quo of the criminal legal system in China has weakened the deterrence of penalty against the crime of fraud by e-commerce.On the basis of studying the criminal legal system relevant to the crime of fraud by e-commerce, the author explores the predicament of applying the relevant criminal legal measures to the punishment of such crimes, and analyzes the key causes. Further, on the foundation of borrowing experiences from other developed countries and the current situation of jurisdiction in China, the author brings forth two criminal legal countermeasures against such crimes under the status quo of criminal legal system in China: Firstly, the amendment of the criminal legal system in accordance with the social circumstances so as to punish such crimes timely and strengthen the deterrence of punishment; Secondly, the concrete application of criminal legal system to the punishment of such crimes.Restricted to the appeal for relevant legal measures and governmental supervision from the field of computer technology and other scholars, the research upon such crimes hasn't come into a theoretical system. Therefore, besides the systematical analysis of the predicament of applying the relevant criminal legal measures to the punishment of such crimes and the corresponding causes, the author particularly puts forward the following innovative viewpoints:(1) The imperfect construction of social credit system is served as a hotbed of such crimes. From the social perspective, the author analyzes the causes leading to such crimes and puts forth innovative ideas for cracking down such crimes. (2) When analyzing the causes of the predicament of applying the relevant criminal legal measures to the punishment of such crimes, the author creatively uses the terminology of e-commerce security management strategy.