The Reserch Of The Internet Fraud Crime

Internet fraud crime is not a normative concept of criminal law, it is the integration of network crime and fraud crimes. With the development of information science and technology, the popularity of computer network, network has become the indispensable tool of human learning, life, and Internet fraud crime is escalating.Network fraud crime suspects in the implementation of the network fraud crime, often in order to achieve the crime purpose and implementation of multiple crimes, or different network crime case, the different person implemented a similar crime, the court has ruled in different charges. In such as theft, fraud and one ZangJinquan in online fraud and stealing accounts one implementation of network fraud respectively constituted theft and fraud. The author thinks that to distinguish the network fraud crime of theft and fraud, the key lies in the behavior person obtain property is based on the victim on the property of active behavior. If the victim to dispose of property behavior "informed" and "voluntary", constitute a fraud, if the offender is a secret means of stealing property, constitute theft. Xiao such as establishing fake website for credit card fraud is a suspect to the conviction of academia and judicial circle has a different point of view, and it is also a special network fraud crime of credit card fraud crime exists controversy, in different situations, respectively, will constitute theft,fraud and crime of fraud of the credit card. This is the discussion of network fraud crime in a difficult and focal point. Online game players move consumption case involving the Internet fraud crime a lacunae in the law in the criterions for the conviction of virtual property. Virtual property includes "game currency", "equipment", "network property interests". At present our country criterions for the conviction of the virtual property legislation also not too perfect. The typical cases of using the Internet to commit fraud on the focus of the more controversial issues in the Internet fraud crime analysis is more practical, for the better around such crime in the judicial practice and related crime prevention and control of the justice department has important practical significance.