Research On The Criminal Law Prevention Of E-commerce Crime

As a product of the development of electronic commerce, E-crime is a class of cybercrime. It haven't a charge about e-crime in our criminal law. But the e-crime seriously affect the development of electronic commerce and disrupt the normal social and economic order. There is a great harm to society.Studying e-commerce crime, it is necessary to clearly the concept from the perspective of criminal law. In practice, e-crime often uses the Internet as a platform and has characters of speeding crime, being concealed, wide spreading and so on. Comparison with domestic and foreignal legislation on the status of e-crime, it is easy to find that,on this area, foreign legislation is mature, proactive and targeted while domestic legislation is not only imperfect, but also many belongs to the executive legislation. In summary, our country should learn from the advanced experience of foreign countries. Analysis of the causes of e-commerce crime in both view and practice is foundation for criminal legislation. Analysis of the main reasons which lead to the proliferation of e-commerce crime that includes criminal policy problems, imperfect legal system and lack of international judicial cooperation may provides a theoretical basis for improving the criminal law.In a world, eventually construct a systematic strategy of prevention strategies in criminal law on the basis of the comparative study and the action in our country for making up the shortcomings of the existing criminal law, which include prevention strategies in criminal policy, prevention strategies in Criminal legislation, Prevention strategies in criminal justice and increasing international judicial cooperation. The theory of prevention strategies in criminal law plays an important role on the judicial practice:The criminal policy can lead the e-crime. The criminal legislation can regulate the e-crime. The criminal justice activities can punish the e-crime. International judicial cooperation can expand the scope in attacking the e-crime. These strategies have a strong operational in practice and provide a legal basis to prevent and attack the e-crime more effectively. But with the rapid development of technology, E-crime will continue to update the changes, So it has a great significance to strengthen the research of the prevention strategy in criminal law.