The Problems In The Application Of The Law Of Cyber Fraud And The Improvement Of Legislation

The innovation and development of network technology not only changes the learning,work and life style of modern people,but also promotes the improvement of the quality of life of modern people.However,the development of network has also led to criminal forms such as network fraud,which has caused some hidden dangers to the production and life of net citizen.At present,the number of Internet users in our country is very large,and the related problems caused by the crime of network fraud need to be solved urgently.Therefore,the theoretical definition of the crime of network fraud should be studied in depth.Through the understanding of its criminal characteristics,types and the status quo of legislation at home and abroad,the problems existing in the legal application of the crime of network fraud and the difficulties faced in combating the crime of network fraud should be analyzed.It is necessary to explore the legislative path to regulate the crime of network fraud.It is of great significance not only for people's daily necessities of clothing,food,housing and transportation,but also for the further development and improvement of China's network legislation.This article divides into four chapters to carry on the analysis to the network fraud crime.In the first chapter,the concept of network fraud is defined as a breakthrough point,and the theoretical viewpoints of the concept of network fraud are analyzed.The differences between network crime and computer crime are analyzed.At the same time,the types,characteristics and existing legislative provisions of network fraud are summarized and analyzed in depth.In the second chapter,the problems existing in the application of criminal law about network fraud in China are deeply discussed.Chapter three analyses the current situation of legislation on Internet fraud in foreign countries,mainly introduces the current situation of legislation on Internet fraud in international conventions,continental law system and common law system countries,and finally puts forward some useful references for our country.Chapter four is the concrete conception of perfecting the legislation of Internet fraud criminal law and the construction of it.This paper discusses the establishment of the crime of network fraud in our criminal law,discusses the establishment of the crime,the elements of the crime and the choice of legislative mode,and suggests that the crime of network fraud be defined as a non-pure amount crime,and that the sentencing should be decided by the combination of the amount and the circumstances,and add qualification penalty.