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Research On Several Issues Of Internet Fraud Crimes

Posted on:2019-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:F M XieFull Text:PDF
GTID:2436330569986627Subject:Law
Abstract/Summary:PDF Full Text Request
Internet fraud in recent years,a common form of crime,widespread in the network under the influence of such crimes to the people's property safety posed a tremendous threat.It is imperative to intensify the crackdown on such crimes.Based on the concept of online fraud,this article analyzes the criminological characteristics of such crimes and lists several typical criminal patterns.On this basis,combined with judicial practice,this paper discusses several issues related to such crimes and draws corresponding conclusions.First,cybercrime criminal behavior has its special features compared with other types of criminal fraud.Cybercrime crimes are infringing on complex objects,including the order of network management and the ownership of public and private property.In terms of objective behavior,they are about the same as ordinary fraud crimes.However,due to the unbounded nature of Internet dissemination,the scope of the unspecified majority In the subjective aspect,because the object infringed by the internet fraud is a complex object,the subjective consciousness is analyzed according to the different situations of the object.In the aspect of determining the amount of fraud,the calculation of crime proceeds should be discussed with the completion of crime as the dividing point,and the amount of crime of joint crime should be judged according to the total amount of crime.In terms of the determination of virtual property,then the actual value of the property converted by statistics.In the aspect of the criminal subject,due to the characteristics of the Internet age,It is not uncommon for youngsters to participate in the crime of online fraud,so the main body of the crime of online fraud shows the trend and characteristics of younger age.In addition,there is a clear distinction between cybercrime crimes and other types of fraud.Second,through the case analysis,we draw several conclusions about the related issues in the common offense of internet fraud.One is that most online frauds can establish criminal syndicates;the other is to identify and deal with the responsibility between accomplices,we should take the compromise point of view,from the analysis of the specific role of helping behavior to criminal behavior to determine the specific division of responsibilities,Third,we must recognize the existence of one-sided help to prisoners in light of the actual conditions of the cases in practice.Thirdly,as far as criminal jurisdiction is concerned,international mutual legal assistance should be strengthened on the basis of upholding the principle of existing jurisdiction.Fourth,in view of the perfection of the legal regulation of online fraud,we should establish the corresponding charges in the legal frameworksystem,strengthen the network fraud crime surveillance and network monitoring and cybersecurity education.
Keywords/Search Tags:Internet fraud, Certified, Joint, Crime jurisdiction, Amount of crime
PDF Full Text Request
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