Research On Legal Regulation Of Network Transaction Fraud

The popularity of network technology has promoted the rapid development of the network economy,more and more industries have entered the network field of,which has led to the prosperity of online transactions.Network transaction has brought great convenience to people's daily life.However,at the same time,along with the network transaction is becoming more common,many operators in the profit-driven psychology to take improper means to deceive consumers,the network transaction fraud frequently appeared increasingly rampant,and gradually spread trend.The existence of network transaction fraud,seriously infringed on the legitimate rights and interests of consumers,damaged the legitimate right of the operator,damaged the normal order of market transactions and affect the healthy development of the network economy.The legal regulation of network transaction fraud is an inevitable requirement to promote the healthy and orderly development of network economy.Therefore,this paper takes the network transaction fraud as the research object,expounds the problems existing in the legal regulation of the network transaction fraud,and puts forward the suggestions to curb the behavior of the network transaction fraud in order to regulate the network transaction behavior and maintain the healthy development of the network economic order.In this paper,through the theoretical research of network transaction fraud,attempting from the causes of network transaction fraud,aiming at the current situation of China's network transaction fraud legal regulation and the successful experience from abroad,considering from the legislation,government regulation,industry organization,the responsibility of the operator,the network platform responsibility,consumer protection and so on,putting forward the corresponding improvement suggestions.First of all,this paper analyzes the basic theory of network transaction fraud.Defining the concept of network transaction fraud is a prerequisite for the study of network transaction fraud.According to the characteristics of network transaction fraud such as high concealment,strong professionalism,low operating cost,wide range and so on,from the perspective of operators as the main body of the behavior,I believe that the network transaction fraud can be defined as: in network economy activity,the operator takes deliberately fabricated by unfair means such as false information orconcealing the truth to deceive consumers,to induce consumers to make the wrong judgment.For the type of network transaction fraud,according to their behavior in different ways,can be divided into the use of false information for fraud,the use of false identity fraud,the use of format contracts for fraud and so on.Secondly,this paper analyzes the causes and harmfulness of network transaction fraud.The negative impact of network transaction fraud has exceeded our imagination.Only the depth and analysis of its causes and dangers,in order to better regulate the network transactions and norms.I think that the cause of the network transaction fraud mainly includes: the development of the Internet,the asymmetry of network transaction information,the imperfection of laws and regulations,the lack of network transaction supervision,the weak consciousness of consumers.The harmfulness of network transaction fraud includes the destruction of the normal network transaction order,the hindrance to the legitimate conduct of other operators and the infringement of the legitimate rights and interests of consumers.Thirdly,this paper combs the current situation of network transaction fraud in China.At present,the problem of network transaction fraud in the legal regulation,I think mainly includes the following five aspects: First,the defects of fraud legislation in the existing network transactions;Secondly,the network supervision of government departments is not in place,which includes problems such as omission of network transaction management,lag of supervision concept and backward construction of supervision team.Thirdly,the lack of self-regulatory supervision in the industry,includes the industry self-regulatory organization of network dealers and the rights groups of online trading consumers.Fourth,the responsibility mechanism of network transaction fraud is not sound,on the one hand,the obligation of network trading platform providers is not clear,on the other hand,there is a lack of standardization of the operator's business behavior.Fifth,the rights awareness of consumer is not strong,including the consumer's own personal information security awareness is not strong,the awareness of rights protection is not enough and the rights itself is difficult.Finally,this paper investigates the relevant legislation of typical countries or the international organizations in terms of network transaction fraud regulation,including the United States,European Union,Japan,South Korea and other countries or international organizations from legislation,draw lessons from the beneficial experience,combined with China's actual situation,consider from the legislation,government regulation,industry organization,the responsibility of the operator,the networkplatform responsibility,consumer protection and so on,put forward some suggestions for perfecting the legal regulation of network transaction fraud in our country.Mainly includes: perfecting the legislation of network transaction,strengthening the supervision of network transaction behavior,exercising the supervisory role of industry self-discipline organization,protecting the legitimate rights and interests of consumers,standardizing the behavior of network transactions and improving consumer awareness of rights.