The Dispute Of Network Fraud And Judicial Determination

In recent years,new types of cybercrime have emerged in an endless stream,and online fraud is one of the most frequent manifestations.Internet fraud is a kind of tactical behavior that the actor has implemented in the Internet environment.Because cyber fraud is not a legal concept,it leads to a lot of controversy in the theory and judicial determination,especially when it comes to the crime of theft,fraud,or card fraud.Scholars often have no idea about it.In judicial practice,there have been many cases where the same case has been judged differently,and the reasons for the judgment of the court often hold the same conclusion.Due to the influence of the development of the Internet,some of the original property foundation theories are undergoing tests.At present,China does not follow the example of other countries setting up special "computer fraud" or "quasi-fraud" to address the illegal use of the Internet to acquire property.Simply transplanting the German-Japanese theory does not effectively respond to real problems.Therefore,how to localize relevant theories under the existing legislative framework becomes a top priority.This article uses comparative analysis,case analysis,and other judicial practices and academic theories to sort out disputes in the qualitative nature of cyber fraud,and summarizes the differences in related theories from the qualitative controversy.From the analysis of relevant perspectives,the paper presents cyber fraud.The Theoretical Basis for Adherence in Judicial Determination.This article is divided into four parts:the question is raised,the outline of the network fraud,the qualitative controversy and analysis of the network fraud,the judicial identification and conclusion of the network fraud.The first part of the question is raised.The development model and characteristics of cybercrime are sorted out,and relevant data are used to reflect the characteristics of cybercrime,especially the harmfulness of cyber fraud.The second part is an overview of online fraud.This section discusses in detail the connotation,characteristics and types of cyber fraud.From the basic connotation of online fraud,the core issues related to online fraud disputes are identified.The characteristics of Internet fraud combined with the impact of the Internet on traditional property crimes;and the discussion of the types of networks proceeded through three parts:thetraditional classification and defects,the available classification at the current stage,and the significance of network fraud type.The analysis of the characteristics of cyber fraud and the analysis of its types lays the foundation for the following theories that need to be explored.The third part is the qualitative controversy and analysis of online fraud.This part mainly sorts out from the perspective of judicial practice disputes and theoretical disputes,and combines relevant judicial precedents to summarize the core disputes.Combined with phishing,new electronic payment platforms,and other examples,the relevant viewpoints were analyzed.The fourth part is the judicial determination of cyber fraud.This section,in conjunction with China's relevant laws and regulations,focuses on the three aspects of fraudulent behaviors,dispositional behaviors,and property losses of online fraud to discuss the issue of judicial determination of cyber fraud and to provide reasonable evidence.Internet fraud sometimes has a complex behavior structure.It needs to carefully determine the different stages of its behavior process,correctly recognize its different roles as a crime preparation behavior or a crime execution behavior,and grasp the relationship between these two roles.With the continuous advancement of science and technology,online fraud may still be accompanied by more new forms of social development.However,from the perspective of the existing legislative model,the first thing to consider is how to make interpretations that are consistent with thelegal dogmatic of criminal law.