An Analysis Of The Causes And Countermeasures Of Commercial Fraud In China

At present, various commercial fraud becomes more and more serious in the field of economy, it will not only damage the interests of stakeholders in the market, but also damage the fair market competition environment, the integrity of the business to lose confidence in the market, and then to the market economic stability and long-term development obstacles, this has become a worldwide problem.Commercial fraud is one of many "fraud" in the rule of our country, exist in the commercial field, to seek illegal economic interests. The definition of commercial fraud needs to meet two conditions:first, fraud occur in the market transactions; secondly, fraud behavior is intentional subjectively, namely through the fictional facts, deliberately released false information or deliberately concealing the true situation, to mislead or deceive each other, causing the other one get in the wrong meaning, in order to obtain additional economic benefits.Presently, the more study of commercial fraud is from a legal perspective and the perspective of ethics theory analysis, but for how to use specification economic analysis method to the prevalence of commercial fraud and how to market regulation on it is less. In this context, through compare the commercial fraud with similar concepts in the law, commercial fraud to define further the connotation, many theories and applications of evolutionary game theory, institutional economics and information economics of commercial fraud, especially in-depth analysis of causes of fraud in electronic commerce field. This paper find that the information asymmetry provide a convenient conditions for commercial fraud, the moral landslide to allow more businesses to choose the fraud, but they are not the root cause of commercial fraud. To explore the roots of commercial fraud, needs a comprehensive consideration from three aspects of the consumer, enterprise and government. First of all, as a result of consumers unhealthy psychology, like comparison, conformity, tolerance, the fake and shoddy goods have a certain demand, the market demand will naturally bring market supply; secondly, business customers in the advantage position in the market economy with respect to its master, they have more real information about the product, this kind of information asymmetry makes the businesses can take to obtain excess profits; finally, government as the regulator of commercial fraud, is the most important organization to combat commercial fraud activities, the government attitude for fraudsters to directly affect the behavior of fraud, but China’s current legislation is not perfect, the fraudsters will be an opportunity, when there is a lack of moral economy found that the use of information by commercial fraud have good prospects of gain, and lack of effective punishment, the existing system will rush into danger, and because of the demonstration effect and lead to similar behavior more.Effective combating commercial fraud, needs the joint efforts of enterprises, government and consumers, at the end of the paper, provide some corresponding policy recommendations from the three aspects of the comprehensive management of commercial fraud. To solve the commercial fraud under information asymmetry, on the one hand, we should vigorously promote the integrity of the enterprise consciousness, strengthen the moral construction, called on companies to put "honesty, responsibility" in the first place, and not just as a mask to deceive consumers; on the other hand, the more important is to strengthen the legislation and establish relevant system, from the system and the law of commercial fraud of enterprises under asymmetric information by laws and penalties, if the government adopted a "zero tolerance" attitude of the fraud, once discovered fraud, fraud on the subject in a very severe punishment, increase the cost of businesses choose to fraud, then the number of fraud businesses will reduce, fraud in the market can also be contained; finally, on the consumer side, we should form a health consume psychology from various method, and raise the awareness of fraud, enhance consumer awareness of the legal rights and interests, reduce the cost.