Internet fraud crime is a new crime with the development of economy and the rapid development of the Internet appeared, some specific provisions of criminal law. It is not a general term for a variety of fraud, but from the theory of criminal law implemented on the Internet, the current criminal law of our country in the face of Internet fraud crime is developing rapidly, increasingly complex, regulation ability is limited. Based on the research of Internet fraud crime problem as the research topic, in order to phishing phishing jurisdiction, the joint criminal intention recognition, network credit card fraud for the nature of criminal law, the electronic agent problem as the center, and qualitative theory of criminal law and the Internet fraud, at the same time, through the interpretation of the real case, points out the existing problems on the legislation in China and puts forward relevant suggestions, hoping to China’s fight against Internet fraud crime benefit.This paper is divided into four parts:The first part, from the macro concept, an overview of the characteristics of Internet fraud crime and crime constitution.The second part, the objective aspects of crime of fraud on the network -- network fraud as the breakthrough point, causes, and its structural model analysis of network fraud, from the objective behavior of crime.The third part, the abstract to the concrete, in-depth study of the two typical network fraud -- phishing and online credit card fraud, combined with the case, put forward their own views on relevant issues.The fourth part, from the object of crime of network fraud crime of virtual property in the network point of view, the protection of network virtual property should be subject to the criminal law, and puts forward suggestions to improve legislation. |