| With the rapid development of social economy,network fraud crime also showed a trend of rise,become one of the most notable problems of network crime.A clear definition of the concept of network fraud crime,characteristics,form of expression,a thorough understanding of network fraud crime legislation present situation,as well as the problems existing in the law enforcement practice,to explore a variety of effective countermeasures of prevention and control of network fraud crime,for the perfect Internet fraud crime in the criminal legislation in our country,to crack down on Internet fraud crime plays an important role in judicial practice,to protect the property security and maintaining the order of good network netizens also is of great significance.Besides preface and conclusion,the article elaborates the points four parts:The first part,first of all,from the perspective of criminology discussed the definition of network fraud crime: for the purpose of illegal possession,use the Internet to conceal the truth fact or fiction,diddle large amount of public or private property,serious harm social behavior based on the explanation the concept of network fraud crime,and the analysis of features of network fraud:across time and space,strong confidentiality,showed a trend of industrial development.To analyze the causes of online fraud and representative form.The second part,the main combing network fraud crime legislation present situation,clarify the provisions of the criminal law to crack down on computer crime in our country,though certain system,but the rules are too broad,general no pertinence and separate network fraud charges,also the lack of relevant judicial explanation and special laws and regulations.The third part,mainly discusses the judicial practice to deal with Internet fraud crime problem: virtual property value determination,initiate the jurisdictional dispute,electronic evidence forensics difficulties,etc.Because of the lack of specific laws and regulations,make our country in the fight against Internet fraud crime difficulties faced in the practical operation process.Is the main content in the paper,in view of the network fraud legislation lags behind and the problems existing in the judicial practice,advances some Suggestions on the author’s: in "criminal law" to establish the network crime of fraud crime alone,perfecting relevant judicial explanation or special regulations;Increasing network technology reform,improve the criminal crime cost;Domestic departments solidarity and collaboration,interregional international policing cooperation communication,build a global law;Increase Internet safety awareness,pay attention to Internet moral education,building a network integrity evaluation system,advocating good network culture,create a good network environment,etc. |
