On The Criminal Law Of Online Fraud And Its Improvement

Internet technology as the greatest invention of the 20th century, it changed people’s lives, ways of thinking, leading the human society enters into a new era. With the improvement of technology innovation, computers, mobile phones, intelligent household appliances even has Internet access, people work, study, entertainment, shopping can be achieved on the Web, cyberspace has become another important space and reality of social coexistence.However, the rapid development of network technology promotes the update variations of cyber crime, cyber crime crime experienced by the network as objects to the networks as a tool for crime change may lead to a crime in the future.Online fraud is developing rapidly in recent years, a new type of cyber crime and criminals from using the network spread to a wide range of crime, concealment, and low cost, wanton swindling activities, harm caused by more and more serious, brought great distress to people’s lives.Looking at all of our regulation of online fraud laws and regulations, its combat range, update, update speeds lag well behind crime, cannot meet the needs of reality in the punishment of crime and crime prevention.This paper is divided into five chapters.Chapter one is an introduction, and introduced the study of online fraud criminal regulations background, research content and method.Second chapter is an overview of online fraud, first defined the concept of online fraud;Second is based on the Internet and online fraud can be divided into different network media computer network, mobile phone network, and TV media types three types, and real cases respectively introduces three types;Once again, summarizes the characteristics of Internet fraud, namely the use of network frauds against large objects, the dark figure of crime, crime trend of younger, highly educated;Finally, causes of online fraud, from economic factors, legal factors, individual factors, three aspects are analyzed.Chapter is the regulation of online fraud legislation, promulgated based on chronological order of the main line, to make all laws regarding online fraud were introduced and analyzed and presented problems in the existing legal provisions.The fourth chapter is foreign regulation of online fraud legislation, introduced the Convention on cyber-crime. United States, and Japan, as well as Germany and the United Kingdom and other countries online fraud legislation, concludes with a reference to our country.Fifth chapter is network fraud penalty regulations business of specific envisaged, recommends in China criminal in the additional network fraud crime this a charges, on charges of set and crime constitute elements, and network fraud into penalty of need and feasibility, and legislation mode of select respectively for has discussion, and recommends will network fraud crime defined for non-pure amounts made, quantitative factors by "amounts" to "plot" change.