The development of network technology has updated various industries and at the same time has a great impact on all aspects of social life.Driven by the interests,the use of the Internet to commit crimes is intensifying.The internet crime has all kinds of ways and behavior.The most serious kind of it is the internet fraud from the perspective of the number of cases.It has brought many challenges to judicial practice because it made huge social harm and the ever-changing way of crime.Therefore,internet fraud has become the insurmountable topic of judicial practice and in recent years it has become the focus of criminal law theory and judicial practice.This paper uses four chapters to meticulously comb the dispute about the internet fraud as the current judicial practice encountered.The first chapter discusses the concept,the crime way,the crime characteristic and the breakthrough of theory of the internet fraud crime according to the combing of the current situation in China and the research of the theory,and from these aspects to confirm that the judicial practice should fright the crime more strictly and faster in order to better protect the safety of public and private property.The second chapter mainly analyzes the dilemma of dealing with the internet fraud at present and the ideas of processing.Internet fraud uses the convenience of the network making it difficult to focus on the victims.In many cases the amount of fraud can’t be identified because the crime across the wide region and the electronic evidence is easy to lose.Therefore,identifying the amount of internet fraud is the biggest bottlenecks currently in China.The third chapter discusses the complicity of internet fraud.As the judicial interpretation proposed that the main elements of the internet fraud group and the other principal should be severely punished while the others who meets the conditions can be dealt with leniency.Therefore,it is very important to understand and identify the composition pattern of criminal gang members in the internet fraud group.When identifying the accomplice of internet fraud,it should be consistent with the subjective and objective view,and combine the behavior and behavior ability of the perpetrator.For the relevant criminal it should firmly grasp whether there is a prior conspiracy,as long as there is a prior conspiracy it should be found accomplice.The fourth chapter mainly discuss how to understand and distinguish the problems related to the internet fraud and other crimes in order to gain a deeper understanding of the whole situation of internet fraud.Through the comparison of network fraud and network theft,network credit card fraud and so on,it shows that summing up the differences of behavior patterns of crime is of great significance to the accurate investigation of internet fraud.Of course,this paper is from the perspective of practical operation to discuss the internet fraud,so it may be lack of theoretical innovation because the theoretical level energy is limited,and hope this paper can make some contribution to the prosperity of internet fraud theory in China. |