Research On The Criminal Regulation Of Traffic Fraud Behavior

In the context of the rapid development of the Internet,many new phenomena and new problems have been derived.Among them,traffic fraud is a phenomenon recently spawned in the Internet era,and the emergence of new phenomena will lead to the deficiency of the existing legal governance ability and the limitations of the governance field.At present,traffic fraud has spread to many fields based on the network platform.The activities with traffic data as the reference in the network platform are at the risk of fraud,which seriously damages the due data order.For the flow fraud behavior with serious legal benefit infringement,it should be regulated by criminal law means to eradicate the problem of flow fraud.This paper will focus on the problem of criminal law regulation,use the basic theory of criminal law to support the development of the flow fraud governance path,and form a regulation path in line with the logic of criminal law.In addition to the introduction,this paper will be divided into four chapters.In the first chapter,the qualitative analysis of the flow fraud behavior aims to define the flow fraud behavior from the aspects of technical characteristics and behavior characteristics.From the technical level,the completion process of flow fraud is objectively analyzed,starting with the technical characteristics and behavior characteristics,the behavior types of flow fraud are sorted out,and the risks and harms are expounded.At the same time,to review the qualitative controversy on the flow behavior of fraud in the criminal law community,and affirm the position of "criminal behavior" in this paper.In the second chapter,the current situation of the traffic fraud behavior is analyzed.Starting from the current situation of the criminal regulation of traffic fraud,this paper expounds the current situation of legislation and judicial application,and extends the thinking according to the current situation of regulation,and explores the correct criminal path of the regulation of traffic fraud behavior from the two modes of "interpretation theory" and "legislative theory".Then from the necessity and rationality of the punishment of the flow fraud behavior into the basis of the punishment law system of the flow fraud behavior.In the third chapter,the standard and the application of the crime of traffic fraud are analyzed.The criminal standard of traffic fraud adopts the double standard of objective illegal and subjective crime,and the application problem of flow fraud is analyzed by empirical analysis.In view of the data security law and data credit law interests infringed by typical traffic fraud,we put forward the suggestions of "data security crime" and "data credit crime" respectively,and then refine the application link of the crime of traffic fraud.In the fourth chapter,the problem of the cause of the crime is analyzed.At the same time,the causes of the crime of the traffic fraud are framed,and the provisions of Article 13 of the Criminal Law and the neutral help behavior of the technology provider are proposed.The discussion of the above problems is in line with the logic of criminal law research.Behavior can not only be a crime,but also a crime,highlighting the principle of modesty of criminal law.The research on the criminal regulation of traffic fraud has formed a complete path of criminal regulation.