The Research Of Internetfraud Crime Problem

With the rapid development of modern science and technology, the Internet become one of the indispensable important tools for people. First of all, the Internet shortened the distance of time and space, greatly speed up the information transmission, make all kinds of social resources to be able to share. Secondly, it creates more opportunities, effectively improves the efficiency of traditional industries of production, effectively boosts consumer demand, so as to promote economic growth and productivity. Finally, it also provides a good platform for all levels of cultural communication. However, the development of the network like other things is a double-edged sword. Under the new situation, the process of information speed up unceasingly, the penetration of the Internet, the rapid growth of the number of Internet users under the new situation, the network crime also in the rapid development, the crime rate of Internet economy crime rise year by year. Network has gradually become the important carrier for the criminals premeditation, crime, hidden, and distribution. The "Internet fraud" has become one of the main form of network economy crime.Compared with the traditional fraud crime, it has its unique features, Namely: intelligence of crime subject, crime subject of the younger, concealment of crime means, evidence clues of timeliness, violations of the object of universality, low cost of committing a crime, the complexity of network identity and tools. Based on the infringement object is different, this kind of crime can be divided into ordinary Internet fraud crime and special Internet fraud crime. Special Internet fraud crime infringe public and private property ownership, at the same time, infringe the main object of market economic order in our country. Regular network fraud crime subject is limited to a natural person, special network fraud crime subject includes natural person and unit. Due to Internet fraud crime is a new type of crime, this kind of research is less in our country, therefore, in the current situation, it is necessary to analyze the characteristics and performance of Internet fraud crime, explore the occurrence of such crimes, find the prevention and countermeasures, to ultimately achieve the goal of building a harmonious network. The paper first introduces the research background and current situation of the current network fraud crime, inductive analysis the main crime characteristics about the network fraud crime in our country, expatiates the theory and practical significance of thesis topic selection. According to analysis the main characteristics and types of network fraud crime in our country, reveals the characteristics and laws, to laid a foundation of research and analysis the main problems in the prevention of network fraud crime And explore prevention countermeasures. The second part of the paper is the main problems of cracking down the Internet fraud crime. Based on the Internet fraud crime is a new type of fraud crime types which comes being with the Internet, the author is not only analyzed the causes of the network fraud crime which starting from the characteristics of the Internet itself, but also elaborated the importance and urgency of cracking down the Internet fraud crime and improving the legislation about network. Through the analysis of the characteristics of the typical case and the difficulties and problems, comprehensive analysis the main problems and weak links of preventing against the Internet fraud crime which from legislation, forensics, supervision and jurisdiction over four levels, etc. The third part of the paper is the countermeasures of preventing, blowing the network fraud crime. In this paper, on the basis of comprehensive analysis, combined with the current reality, draw lessons from and absorbing foreign related research results and practical experience,discuss the legislation, law enforcement and social countermeasures of preventing and blowing the Internet fraud crime, relevant suggestions and opinions. First, consummate the legislation, "Criminal law" establish the charges which related to network fraud crime, solve the application problem of the legal about network fraud, the second is to modify the "criminal procedure law", clarify the legal status of electronic evidence, and introduce relevant legal provisions, to make provision of the censorship rules,collection principle, collection of main body about the electronic evidence, to solve the evidence problem of network fraud crime investigation and litigation. Three is to build the network criminal jurisdiction principle,give reasonable explanation about the venue, form a unified standards, avoid and reduce the jurisdiction conflicts, integrate the judicial resources, curb the rising momentum of network fraud crime effectively. Finally, base on the people-oriented spirit of crime prevention, propose the government should strengthen network supervision, supervise and guide the enterprises which involved network to make the implementation of the network security system, fill the holes, eliminate the potential safety hazard, compress the living space of network fraud crime, strengthen the network moral construction, carry out the education of network security and legal extensively, improve anti-fraud consciousness and the concept of legal system in the whole society, especially the public, wipe out the social soil which is suitable for the network fraud crime survival.