Research On Internet Fraud Crimes

The modern Internet technology not only make people's work and learning a great convenience, but also greatly improved the people's life quality, even changed many people's life-style. But the Internet also breeding ground for many new social problems, such as fraud which is a serious threat to people's property. China has the world's highest number of Internet users, network fraud is particularly prominent. Therefore, we need a careful study on the networks fraud to analysis the meaning, the characteristics and the forms of network fraud. We also need a profound analysis on the causes of the network fraud and the disadvantages of the society. Interpret constitutes of the network fraud and the Criminal responsibility in a scientific way. To deal with various issues caused by the network fraud calmly, we need to explore the various containment measures of network fraud in depth. It not only has very important significance of the social reality to safeguard the security of property for internet users and social order and stability. But also has theoretical significance on the legislation fight against Internet fraud related crime and justice. Based on this, take the "crime of Internet fraud" as the topic, hoping it is helpful for our fight against network fraud legislation and judicial practice.Lead and Conclusion In addition to this, the main is divided into the following four parts:The first part, interpretation of the concept of network-based fraud, discusses the main features and manifestations of network fraud. The so-called network fraud is the perpetrator of threat against the property and interests which laws protected by computer, communications and other technical means, or use of its unique position in the network environment. Network fraud has the following main features:Simplistic approach to crime; crime in various ways; low cost of crime; specialization ofcriminal subject; concealment of criminal process; and difficult to obtain evidence post-crime. The main forms of Network fraud are:online shopping fraud, Internet fraud winning, "risk-free investment fraud," the network MMS fraud, impersonating the identity of Internet fraud, online transaction fraud, the network "phishing" scams.The second part, analysis the causes and the disadvantages of the society caused by the network fraud. Network fraud has both practical reasons and reasons for the network itself. The real reasons are:relevant laws and regulations are not perfect, driven by economic interests, negative cultural influences, ideological and moral factors. The reasons for the network itself are:Internet fraud is concealed, low-risk, low cost and the higher proceeds of crime. All this are enough to drive some of these criminals, with its network of expertise.The third part discusses the crime constitutes and the criminal liability of network fraud. The subject of network fraud is generally the main subject. Either a natural person or it can be legal. Majority of crimes subject are on the age of about 14 years to 40 years age. Internet fraud is a deliberate crime on the subjective aspect, and the vast majority are direct intentional. The objects of network fraud are all social relationships which protected by law and were against by the network of fraud crimes. Specifically, such a crime has complex objects. It destroyed the order on the network which makes the normal conduct of information exchange and sharing. Which against the computer protection system. And also against the state and public property. On the objective aspect Internet fraud is manifested:violation of state management of computer network-related laws and regulations, resulting in damage to the country and the public. Internet fraud can be divided into the following three cases to be conviction and sentenced which are: First, commit this crime, and at 3 years of imprisonment, criminal detention or control, or impose a fine; Second, large amounts, or other serious circumstances, and at 3 years to 10 years imprisonment and a fine; Third, the huge amount, or other especially serious circumstances are involved, more than 10 years in prison and a fine.The forth Part discusses main problems fight against cyber crime and the prevention and control measures.The current major problems on fighting against cyber crime are: Difficult in accepting cases, international judicial assistance lags, hard evidence investigation, some victims reluctant to testify, the high cost of detection, investigation and other difficult cases. Network fraud should be taken under control with following basic measures:Improve relevant laws and regulations; strengthen the judicial;Build the network police team implementing the "virtual police" patrol duty; enhance network security and protection, to enhance self-protection system; efforts to combat Internet fraud crimes related to domestic inter-sectoral and international assistance;increase network security and propaganda, to enhance network users' awareness of anti-fraud.