Research On The Identification Of Internet Fraud Crime

With the rapid development of science and technology,the network has entered into people’s daily life more and more deeply.All kinds of crimes via Internet are also increasing,such as insulting or slandering others via Internet,illegally acquiring and trafficking other persons’ information via Internet,and spreading false information about fear of violence via Internet.Especially as to internet fraud crimes,almost everyone has received fraud SMSs.Therefore,since 2011,the Chinese People’s Congress and its Standing Committee,the Supreme People’s Court and the Supreme People’s Procuratorate,have promulgated a series of laws,judicial interpretations and typical cases about the internet fraud crimes one after another.Through the improvement of the legislation about the protection of citizens’ personal information,the extended interpretation of the existing provisions of the criminal laws,and the guidance cases given to the judge etc.,the Problems of conviction and sentencing in the field of the internet fraud crime can be solved.Because internet fraud crime is a new type of crime,and there is no large number of judicial practices as support,national initiatives are all with the nature of the trial.Throughout the trial of the cases in local judicial organs,some problems appear unavoidably,such as too much discretion,different standards of conviction,no consistency between crime,responsibility and punishment etc.In this paper,through the study of internet fraud crime,the helpful reference is provided in the aspects of conviction,sentencing and prevention of internet fraud crimes.This paper is divided into three parts.The first part is Introduction,mainly describing the research background and significance of this paper,research methods used in this paper,as well as the innovative points and research framework of this paper.The second part is the concept of internet fraud crime.According to the identification of the concept of internet fraud crime by the academia and the government,the behavior which belongs to internet fraud crime is classified;and then compared with the crime of fraud,the problems in this field are found out.Furthermore,the characteristics of internet fraud crime are summarized,and the new concept of internet fraud crime is obtained.The third part is the research on the basic problems of internet fraud crime.In terms of social harmfulness,social influence and theoretical research of internet fraud crime,the necessity and feasibility about conviction of internet fraud crime are demonstrated.In addition,there is the research on the constitutive elements and the identification of internet fraud crime.