Research On Legal Regulation Of Internet Transaction Fraud

Science and technology that changed rapidly are completely altering all aspects of ourlives, and the most influential technological change is the development of the Internet. In theefficient and fast-tempo society, the most breakthrough impacting on people’s life of Internetis online transaction. Compared with traditional dealing methods, online dealing is moreconvenient and efficiency, but with the deepening of its development, there are more andmore fraud in online transactions. And the fraud is too much harm to arouse people’s highlyattention. So there are growing calls here to pass legal regulations of online transactions. Inthis paper, the author in-depth analysis the harmfulness and its major characteristics of fraudin online transactions, be in line with the actual conditions of China’s online tradingenvironment, learn from the advanced experience of foreign legislation, and finally putforward the legal countermeasures to rule fraud in online transactions in China.This paper is divided into four parts in addition to the introduction and conclusion.The first part summarizes fundamental theory about fraud of online transactions. Firstly,it analysis the cause of this fraud. And the causes of this kind of fraud of frequency includethe rapid development of the Internet, the lacking of supervision of online transactions, thedifficult in safeguarding legal rights, and the lacking of related laws and regulations and so on.Secondly, this part defines the fraud of online transactions and describes the constitutiverequirements of it, and being with the characters of invisibility,technicality, universality,simplicity which should be taken into consideration. In the end of this part, the authorsketches the types of the fraud of online transaction, which includes information cheating,online fraud and phishing scams.The second part states the current situation and predicament about the legal regulating ofthe fraud in online transactions in China. At present, the most effective law regulating thefraud in online transactions in China is the <Law of Electronic Signature>. The law clears theeffectiveness of the electronic signature and the related rules, and it makes our relatedlegislation step on a new step. But at the same time, there are also many difficulties in thelegal regulating of the fraud in online transactions in China, such as legislation too principled, lacking of evidence preservation system online transactions and implementation difficultiesabout Internet fraud cases.The third part explains the current situation and evaluation about the legal regulating ofthe fraud in online transactions in other countries. This part focuses on the advanced legalregulating of the fraud in online transactions in America, European union, Singapore,Australian, including the <Uniform Computer Information Transactions Act>,<UniformElectronic Transaction Act>,<International and Domestic E-commerce Signature Method> inAmerica; the <Electronic Signature Instructions> and <E-Commerce Directive> in EuropeanUnion;<Electronic Transactions Act> in Singapore;<Electronic Transactions Act> inAustralia. This part points out these law’s place of advanced and those worth our using forreference through the analysis of these laws.The forth part is the focus of this paper. This part puts forward the legal countermeasuresabout the fraud in online transactions. Considering the deficiency in the legal regulations ofthe fraud in online transactions in our country, The author says we should make acomprehensive legislation first, and then introduce relevant legal that conform the networktrading environment in our country. These relevant countermeasures in this part includedefining the regulatory obligations of the Internet trading platform provider; establishing thespecification network real-name system; establishing a perfect network trading’s evidencepreservation system; establishing Internet fraud online dispute resolution mechanism;perfecting legal regulation to protect consumers’ right of privacy and so on, all these measurescould help to reduce the occurrence of fraud online transactions.