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Judicial Identification Of E-commerce Live Broadcast Fraud

Posted on:2022-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:K F HouFull Text:PDF
GTID:2506306482952469Subject:legal
Abstract/Summary:PDF Full Text Request
Affected by new crown outbreaks,2020 live electricity sector has developed rapidly,has become a new consumption patterns,but at the same time,because the electricity live,unlike traditional sales mode,electricity live high fraud exists strong concealment,collaborative features,in addition,because of live electrical contractor fraud often use belong to civil law adjust sales activity as a hidden shell.Therefore,it is easy to have disputes in the qualitative behavior,especially in whether it constitutes a crime,Whether it is a common crime and how to distinguish the most important crimesThis paper selects typical cases of online e-commerce fraud,summarizes three representative controversial points.Does the criminal act of the perpetrator constitute a joint crime or multiple crimes Ordinary.How to improve the fraud level of non criminals,Subjective liability and imputation principle of objective tort IPart: if l"The author is accused of having the purpose of illegal possession in e-commerce,In other words,we should make a comprehensive analysis from four aspects: sales price,customer service,sales means and the characteristics of the commodity itself,so as to evaluate the subjective psychology of consumers.Author.cet This paper starts with fabricating facts and concealing facts,This paper compares the criminal law boundary of fraud crime and e-commerce fraud from three aspects: fraud way,fraud means,fraud means and fraud means.Fraud.Fact Fiction and character Seller’s rights Joint commercial crime The author starts from the characteristics of common intention,types of common behavior and how to distinguish customers and accomplices in e-commerce field communication.On whether some actors in e-commerce joint crime constitute joint commercial crime Electronic.si Several actors have the same intention.If they have the same behavior,what role do they play in the collusion? This paper first discusses how to identify the overall crime of fraud in e-commerce online fraud,and then on the basis of the total amount,discusses how to identify the degree of fraud of each accomplice in the crime.ordinary.,to A little less.It should be used The double restriction theory is used to distinguish complete fraud,that is,in the case of complete fraud,we should take quality as the benchmark,and compare different theories when determining the degree of fraud.Now.Second The author of the second stage,The causal relationship between each member’s behavior and the final result of infringement should be taken into account,and the amount should be allocated after contributing to the final result of fraud.
Keywords/Search Tags:E-commerce live broadcasting, crime of fraud, crime constitution, joint crime, amount of fraud
PDF Full Text Request
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