Research On The Legal Regulation Of E-commerce Fraud In China

With the rapid development of network economy and the increasing popularity of Internet technology,more and more people feel the convenience and benefits of ecommerce.During the period of COVID-19 in 2020,in order to reduce the impact of the epidemic on the production and operation of agricultural products,all provinces across the country took measures to deal with the problem.Many provinces and autonomous regions launched the information aided agriculture action to achieve the zero touch commodity circulation service,which greatly solved the problem that agricultural products were difficult to sell because of the isolation measures,and further promoted the realization of poverty alleviation projects.However,this new business transaction mode not only has a huge impact on the traditional way of shopping,but also leads to the increase of ecommerce fraud cases year by year,which has aroused people’s great concern.The frequent occurrence of e-commerce fraud not only damages the construction of China’s credit system,but also is not conducive to the orderly operation of China’s socialist market economy.In practice,the legal regulation of e-commerce fraud in China lags behind that in Europe and the United States.The e-commerce law has been formally implemented since2019,and its content is also too macro,lacking of specific operational provisions.Because of its independent transaction rules and forms,e-commerce transaction will provide more space for fraud if it is not regulated in time,and the harm and impact will be more and more serious.In view of the current domestic e-commerce fraud legal system is not perfect,this paper focuses on the Legal Regulation Countermeasures of e-commerce fraud in China.On the one hand,the paper analyzes the basic characteristics of e-commerce fraud,and combines with the actual case analysis,so as to get the reasons for the prevalence of ecommerce fraud;on the other hand,combined with the knowledge of the author,it focuses on the analysis of the legal regulation problems of e-commerce fraud,and puts forward specific countermeasures and suggestions,in order to play a positive role in improving the relevant legal system of e-commerce.This paper is divided into five parts,the main contents are as follows:The first part is the introduction of this paper,which mainly introduces the background of the research field,the significance of academic research and the research methods,etc.,so as to lay a theoretical foundation for the following research.The second part is the basic concept of e-commerce fraud,mainly introduces the concept of e-commerce fraud,the characteristics and types of e-commerce fraud.Then it analyzes the characteristics of e-commerce fraud,such as concealment,professionalism,low cost of fraud,and involving a wide range of consumers.List several common types of consumer fraud,and finally analyze the elements of e-commerce fraud.The third part mainly introduces the current situation of e-commerce development in China and the specific cases of e-commerce fraud,and analyzes the typical difficulties encountered in the practice of e-commerce fraud cases in China,and then analyzes the reasons for the occurrence of e-commerce fraud.The fourth part mainly analyzes the legal problems of the fraud of electronic commerce in China.The article points out the shortcomings of the legal provisions of ecommerce fraud in China,mainly manifested in the legislative defects of the regulation of e-commerce fraud,the inadequate network supervision of government departments,the lack of self-discipline supervision of the industry,the imperfect responsibility mechanism of e-commerce fraud,and the lack of consumers’ awareness of safeguarding rights.The fifth part,aiming at the shortcomings of the fourth part,puts forward some countermeasures and suggestions,such as improving the relevant legislation,strengthening the cooperation of regulatory departments,strengthening the supervision of network regulatory departments,giving full play to the supervision role of industry self-discipline organizations,safeguarding the legitimate rights and interests of consumers,clarifying the regulatory obligations of online trading platform providers,standardizing online trading behavior,and improving consumers’ awareness of rights protection.