Judicial Determination Of Network Fraud

Since entering the 21 st century,the Internet has reached thousands of households and occupies a very important position in people's lives,more and more people have accepted and become accustomed to the Internet lifestyle.At the same time that the Internet has brought various conveniences to everyone,some criminals have also done illegal acts in response to various characteristics of the Internet.Many criminals have taken advantage of the convenience of the Internet to poorly identify some of them,or to solve the problem of network security.Fewer people carry out online fraud,and the emergence of this kind of situation has brought extremely bad lives and financial impact to the general public.The Chinese government and public prosecution law agencies attach great importance to the investigation and trial of cyber security and cyber fraud crimes.With the rapid development of the Internet in China,it also poses new challenges for the judiciary to characterize related crimes,as well as investigation and trial work.This article analyzes one of the most common behaviors in cybercrime,cyber fraud,and discusses and analyzes the judicial identification of cyber fraud.At present in China,cyber fraud has not yet become a legal concept,which has brought certain difficulties to the daily trial of cyber fraud related cases in China.Therefore,many experts and scholars have different opinions on theoretical and judicial determination.There are more disputes.Some experts and scholars tend to try online fraud cases based on theft,and other experts and scholars tend to use related crimes such as fraud or credit card fraud to rule on related cases.Therefore,this article starts with a few classic cases of network fraud,and draws out several main controversial issues to be analyzed and argued,and puts forward a series of analytical opinions on the judicial determination of network fraud around these issues.After the classic case,the article gives an overview of the network fraud,starting with the meaning and characteristics of network fraud,describing and summarizing the network fraud,and then discusses the classification and typing significance ofnetwork fraud.Combined with the trial process and results of a large number of cases,from several aspects-network fraud related to the legal provisions and the problems encountered in the process of identification to start the analysis,analysis of the current judicial practice in the process of problems caused by the main causes of the difficultproblems in the current judicial practice,the current legislation and judicial determination provisions scattered,The court hears five reasons,such as different standards of recognition of legal benefits,the blind spot of judges' cognition and professional knowledge,the unclear distinction and punishment of the pattern of attempted fraud,electronic evidence collection and the lack of legal obligations of the government and society.The following suggestions are put forward for the judicial determination of future network fraud: we should constantly standardize the judicial determination rules of the amount of fraud,clarify the rules of the main accomplice's determination according to the facts of the case,apply the law of the determination of related criminal acts,strictly apply the applicable standards of the attempted circumstances in the administration of justice,and the rules of identification and applicable law of the act of clearly impersonating other people's information.In order to provide a certain reference for the early and clear identification of the judicial identification of cyber fraud crime in our country.