Legislation,Judicial Response And Legislative Perfection Of Cyber Fraud Crime

The crime of network fraud is not a specific charge stipulated in the Criminal Law,but a general term of various crimes of fraud committed on the basis of the theory of the Criminal Law.Compared with the traditional crime of fraud,it has its unique characteristics,that is,the virtual space of crime,the concealment and continuity of crime,the professionalization of criminal means,the low cost of crime,the universality of the object of harm,and the aging of the subject of crime.According to the different objects of the same kind of infringement,the crime of network fraud can be divided into two basic types: the ordinary crime of network fraud and the special crime of network fraud.The object of ordinary network fraud crime is mainly the ownership of public and private property.While infringing the ownership of public and private property,the main object of infringement is the market economic order of our country.Generally speaking,the social harmfulness of the latter is greater than the former.The subject of ordinary network fraud crime is limited to natural person,and the subject of special network fraud crime includes natural person and unit.There are many reasons for the crime of Internet fraud in China.In terms of legislation,the current legislation on network fraud in China is relatively backward,and there are only two provisions in the existing criminal law that directly involve the crime of network fraud.In the judicial field,the main problems are the conflict of jurisdiction,investigation and crackdown,and the lag of international judicial assistance.In terms of security system,mainly the government supervision is not in place,the network service industry self-discipline is not strong,the relevant security prevention system and measures are not implemented.At the social level,China is in a period of social transformation,confused values,out of control of network moral supervision,some people chase wealth and take risks.At the same time,the vast number of Internet users weak awareness of fraud prevention,but also to a certain extent,to promote the flames of cyber fraud criminals.To prevent network fraud crime,we need to make comprehensive use of legal,administrative and educational measures.First of all,legislation should be strengthened to solve the problem of network fraud.Specific proposals are as follows: First,the network of virtual property as electronic data,the crime of defrauding network virtual property in accordance with the Criminal Law Amendment(7)Article 9 of the provisions of conviction and sentencing.The second is to amend(Criminal Procedure Law),clarify the legal status of electronic evidence,and promulgate relevant supporting legal documents,on the collection of electronic evidence subject,collection principles,review rules and other provisions,in order to solve the problem of evidence in the investigation and litigation of cyber fraud.Third,amend the relevant provisions of the criminal law,the "multiple fraud" as an objective element of the crime of fraud to be stipulated,effectively combat multiple small amount of network fraud.Secondly,based on territorial jurisdiction,we should reasonably explain the place of crime,form a unified standard of identification,avoid and reduce the conflict of jurisdiction,integrate judicial resources,strictly enforce the law,effectively curb the rising trend of cyber fraud.Thirdly,the government should strengthen network supervision,guide and urge network units to implement the network security system,plug loopholes,eliminate security risks,and compress the living space of network fraud.Finally,we should strengthen the construction of network morality,carry out network security and legal education extensively,raise the whole society,especially the masses of Internet users' awareness of fraud prevention and legal concept,and eradicate the social soil suitable for the survival of network fraud crimes.