Study On Judicial Determination Of Online Fraud Crimes

As Internet technology continues to penetrate the people's daily lives,online fraud crimes are also emerging.Relevant judicial interpretations and guidances issued in the legislation for such situations are difficult to cope with the current diversified and complicated cyber fraud crimes,leading to the conviction and sentencing of such crimes in judicial practice,there are problems such as confusion,unbalanced sentencing,etc.Therefore,this paper attempts to collect 737 cyber fraud criminal cases from the perspective of empirical analysis,and randomly selects 200 as samples,using frequency analysis,multiple response analysis,correlation analysis,regression analysis,etc.in spss software.Conduct statistical analysis on the key elements of cyber fraud crime cases,explore the problems existing in the judicial identification of such crimes,explore the reasons,and propose corresponding improvement suggestions,in order to provide a useful reference for the conviction,sentencing and prevention of cyber fraud.The first part is preface.This part first introduces the research object of this paper as the problem in the judicial identification of cyber fraud crime,and defines the concept of cyber fraud crime.Secondly,it introduces the research background of this paper,mainly from the continuous increase of network fraud crimes and the emergence of new problems in cyber fraud crimes in judicial practice.Fraud crimes have developed new problems in judicial practice.Thirdly,the research methods used in this paper are introduced.This paper mainly uses empirical research methods for analysis.Finally,the sample selection and processing are explained.The second part is data analysis of Judicial determination of cyber fraud crime,the part first analyzes the overall data of online fraud crimes,introduces the distribution of crimes of online fraud crimes,the unsuccessful crimes of fraud,the distribution of sentence and sentence,the application of probation and fines;Secondly,analyzing the factors affecting the conviction,and explaining the impact of factors such as the amount of crime and criminal means on conviction.Finally,analyzing the factors affecting the sentencing,and clearing the influence of the law on the penalty section and the discretion of the penalty section on the sentencing,summarizing the strength of the influence of the factors.The third part is about the problems in the conviction of cyber fraud.This part corresponds to the analysis of the factors affecting conviction in the second part.According to the statistical results of relevant data,combined with the in-depth study of the judgment,it summarizes the three convictions in the practice of cyber fraud,which are applicable to the crime.The crime of fraud is not controversial in terms of the inconsistency of the applicable standards,the help of withdrawals and the neutrality of neutral help behaviors.The fourth part is about the problems in the sentencing of cyber fraud crimes.This part corresponds to the analysis of the factors affecting sentencing in the second part.According to the statistical results of relevant data,combined with the study of the judgment,it is combed out that there are three problems in the judicial practice in the practice of cyber fraud,which is the low rate of probation.In the process of sentencing,there is a heavy amount of light and the plot is unreasonable.The fifth part is to improve the judicial identification of cyber fraud crimes.This part is mainly for the problems in the third and fourth parts,and puts forward relevant suggestions for improvement,mainly including: accurately grasping the number of crimes of online fraud crimes,strictly implementing the standard of fraudulent crimes,improving the legislative mechanism to help identify withdrawals,and strengthening Neutral responsibility for helping behavior,increasing the rate of application for probation,establishing a sentencing standard for “amount + plot” and regulating the application of sentencing circumstances.