Study On Internet Fraud Complicity Crime

In recent years, with the development of society and the popularization of the internet,people’s daily lives are more and more closely linked with the internet. More and morecommercial trade through the network platform， shopping online based on itsconvenience has also become a part of people’s life, while there are more and moreinternet crime. With the high-speed development of economy and the internet, internetfraud complicity which is a new kind of crime appears. This kind of crime in generalthrough the invisible network platform，joint offenders who are proficient in networktechnology also connect each other through the internet and they have differentdivision of labor，thus lead to that we are hard to identify the evidence. So it seriouslyaffects the citizen’s property rights, the rights of privacy, and social stability. Becausethe law can’t keep pace with the times，we lack of basic legislation on internet fraudcomplicity in our legal system，we can only follow " the Supreme People’s Court andthe Supreme People’s Procuratorate about some issues’ explanations concerning theapplication of fraud crime cases. At present, we can only refer to the rules ofcomplicity and fraud to solve internet fraud complicity，so we face up with somedifficulties to solve internet fraud crime in juridical practice.The internet fraud complicity crime is introduced by a case happening in real life in thisarticle. In the first place, starting with the fake taobao fraud case, this paper introducesthe basic details of the case, and summarizes important questions needed discussing inthis paper, in order to prepare for the internet fraud complicity crime. Second, this paperanalyzes the issues raised by the case in the theoretical perspective, mainly studyingwhether the internet fraud complicity crime can be a criminal group, summarizing thecharacteristics of this kind of crime, and holds that the internet fraud complicity crimecan become a criminal group. This article uses the perspective of organizer, leader andother principal and accomplice to analyze how each member is recognized in internetfraud complicity crime, and analyzes the characteristics of leaders, other principles andaccessories in it, and put forward the author’s views on how to recognize every memberin the internet fraud complicity crime. About the recognition of criminal amount of theinternet fraud complicity crime, the author comes up with views about it by analyzingdifferent theories. At the end, this paper introduces the theory of the one-sidedaccomplice by combining the relation between judicial interpretation of the superior court and the superior procuratorate and the case, and briefly states the recognition andhow to be dealt with of the one-sided accomplice in the internet fraud complicity crime.Finally, the author evaluates the case by the above analysis, raising the views andopinions for this case, and make further thinking on the internet fraud complicity crime,putting forward suggestions for the perfection of the internet fraud complicity crime inthe aspect of legislation, mainly adding provisions on internet fraud complicity crime incriminal law and the provisions of non-criminal methods, and making laws andregulations about network transaction security, and hope to provide reference for futuresimilar cases.