Study On The Theoretical Challenge Tnd Criminal Treatment Of Fraud Under Network Background

With the development of information and network technology, network has becom e an indispensable part of our daily work and life. At the same time, a new type of illegal and criminal activities implemented with utilize information and network technol ogy has been occurred repeatedly. Especially the outstanding phenomenon of Internet fraud crime, which has been one of the most serious types of cyber crime. Under the background of network era, Internet fraud crime is not only a simple present of tradi tional fraud crime on the network, it has occurred many network condition and forme d a certain impact and challenges to the traditional fraud crime theory and judicial pr actice, because of the virtual and elusive characteristic of network.The article through to analyze the network condition of fraud crime under the net work background mainly based on the current judicial practice of network fraud crime,and intention to reveal many theoretical challenge and judicial practice impact of the t raditional fraud crime with information network technology. Then analyze with some r elated criminal law theory and try to put forward some practical measures and legislat ion suggestions to the theoretical challenge and judicial practice impact from aspects o f the fraud crime constitution and judicature recognized of Internet fraud joint crime.There are five sections in the main content of the article. The first part is the ba sic overview of the Internet fraud crime, which is definition of the concept and anal ysis on the particularity, and simply analyzed the judicial practice of Internet fraud cri me in the current situation. The main content of the second and third part is analyze the changes and theoretical challenges of traditional fraud crime under the network ba ckground. The second part analyze from three aspects on the network condition of fra ud crime like the behavior of fraud crime, the dispose of consciousness and the essen ce of typical amount crime. The third part is analyzed from the perspective of joint c rime on the network condition of traditional fraud crime. The fourth and fifth part of this article is mainly aimed to put forward some countermeasures to the theoretical ch allenge and judicial practice impact with the network condition of traditional fraud cri me under the network background which analyzed in the former two parts. The fourth part is put forward three aspects suggestion to improve and revise on the fraud crime constitution, such as the expansion of the fraud behavior, ease claim of the dispose consciousness, and the change of typical amount crime essence. And the fifth part is aimed to analyzed the judicature recognized dispute with different behavior patterns of Internet fraud joint crime, and put forward some legislative claim, which try to solve the problem of professional network help behavior in the Internet fraud joint crime.