Talking About The New Trend And Governance Of Internet Fraud Crime From Taobao 's Buying Team Scam

With the rapid development of the Internet and e-commerce, online shopping has brought convenience to people’s lives. At the same time, it also gives lawbreakers the opportunities they can make use of the network to commit crimes. Using fishing site for fraud is a typical way of fraud. The phishing websites, which refers to the fake sites or E-mail formed by tampering with the program code deliberately, are similar with the official websites. Using variety of fraudulent ways to obtain Internet users’valuable information (such as username, password, and trade password, etc.), criminals trick users to their phishing sites for fraud. Facing with the virtuality of the cyberspace itself, cross-regional characteristics and the lag of legislation of emerging industry, the existing law looks too limited to face and deal with these kinds of crimes. Currently, there are no direct legal regulations about the phishing fraud, and the forms of cyber-crime are quite different from traditional crime.How to convict and sentence the cyber-crime criminals, and how to determine the jurisdiction of the cases become the judiciary issues faced by the investigators. In the virtual cyberspace, the majority of criminals cooperate with each other merely in technique, they don’t know each other. That makes convicting the criminals of a joint crime more difficultly than the traditional joint crime. Because of the indefiniteness and the virtuality of the cyberspace, does it become an ambiguous problem that whether the theory of traditional criminal jurisdiction can be reasonable and effective to the definition of the cyberspace crime. The methods and means of the cybercrime demonstrate networked characteristics. This phenomenon makes the crime issues, in the network environment, an urgent attention and timely solved problem on the legislation and jurisdiction. At first, starting from the characteristics of the joint crime point, this paper elaborates the issues about the conviction of the network joint crime. Secondly, it makes a comparative analysis on the territorial jurisdiction theory, the limited jurisdiction theory and websites jurisdiction Finally, it puts forward the suggestions on how to define the criminal jurisdiction of the cybercrime cases.