Research On Information Network Fraud And Its Prevention Countermeasures

The crime of information network fraud is the criminal act of illegal possession,relying on information network technology,using computers,mobile phones and other electronic devices to falsify facts,causing the victim to fall into misunderstanding and dispose of property.This kind of crime is quite different from other crimes of fraud stipulated in China's Criminal Law.In China,the incidence of information network fraud crimes is increasing year by year,and the number of cases,the amount of money involved,and the number of people involved are also increasing.Information network fraud crimes are grouped and low-intelligence,and the means are concealed,technical,uncertain,rapid capital flow and "chained";the behavior targets are mainly targeted at people with specific identities;there is cross-regional distribution in time and space and non-contact.At present,the frequent causes of this crime in China include many factors.One of the factors is the failure to supervise the subject of information network management and control and coordination with public security organs.Various subjective factors of the victim promoted this crime.Criminals are guilty of crimes due to low learning costs,fluke psychology,and crime specialization.At present,China's "Criminal Law",amendments and related judicial interpretations have not independently stipulated this crime,and the lack of charges has led to incomplete evaluation of criminal behavior.Through cases and data,it is concluded that there are many hazards of information network fraud crimes.This crime directly causes the victim 's property loss and psychological trauma;it also severely disrupts the stable order in the fields of life,communication,finance,cyberspace;The cost also leads to the leakage of personal and national information and undermines the credibility of the government.The prevention and control of such crimes need to be regulated in three aspects: criminal countermeasures,social countermeasures and professional countermeasures.In criminal countermeasures,it is necessary to fully consider the limitations of the doctrine of criminal law,and use the function of criminal law to demonstrate the legislative setting of this crime.The judicial link strengthens the identification of the accomplice of this crime,and adopts the "out-of-control theory" when determining the form of the completed crime.Judicial determination clarified the difference between the crime of information and the crime of cyber theft,and further strengthened the determination of the three sexes of relevant evidence.The judiciary can use "big data" technology to assist in the determination.Social countermeasures should give full play to the initiative of each social subject,strengthen the governance rights and priorities of the administrative organs,and strengthen collaboration among the various subjects;different social subjects should strengthen relevant propaganda and preventive education to improve the victim's awareness of prevention.Special countermeasures need to supervise and standardize key personnel and key industries,and at the same time improve the technical prevention and control capabilities and management and control capabilities in an all-round way.