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Research On Fraud Crime Governance In Public Welfare Crowd-Funding

Posted on:2023-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:X L ZhaoFull Text:PDF
GTID:2556306776471104Subject:Law
Abstract/Summary:PDF Full Text Request
Leads the world with the rapid development of the Internet,"Internet + charity" pattern also gradually come into the mind of the public,public welfare and the raised platform and the combination of "public welfare and the raise" mode,on the one hand,help the masses of tens of thousands of difficulties,even during COVID-19 plague,henan are playing an important role in flood disaster.However,due to the lagging of legal,institutional,regulatory,etc,the disadvantages of network public all the chips are continuously emerging,frequently broke the public welfare and the raise of fraud cases,not only harm the donors’ love and also disturb the order of the network of public interest and the raise,makes network public welfare the raise in the controversy,will eventually cause social trust crisis.By analyzing the hot cases of public welfare crowdfunding fraud in recent years,it can be found that the main characteristics of public welfare crowdfunding fraud can be divided into subjective and objective.From the subjective point of view,the criminals are mainly young people who make good use of the Internet,and the victims are widely distributed,cross-regional distribution and large number.Objectively,the cost of public welfare crowdfunding fraud is relatively low,and there is a serious imbalance with the proceeds of crime.Through research and analysis,the reasons for the frequent occurrence of fraud in public welfare crowdfunding in recent years are as follows: First,there are loopholes in the crowdfunding platform itself and the imperfect internal system construction of the platform,which makes it impossible to timely,accurately and comprehensively screen the information for help.Second,there is a lack of accountability in the administration.The decentralized distribution of Internet crowdfunding platforms,sponsors and victims makes it beyond the reach of government supervision.Thirdly,the investigation organs are deficient in Internet investigation technology.Finally,the severity of the punishment for the crime of fraud in the current criminal law has been difficult to fight against the temptation of huge wealth in the field of charity to criminals.According to the characteristics and causes of crowdfunding fraud in China,the measures can be taken from the following four aspects: First,the platform itself should constantly improve the prior information review system,the construction of the long arm of immediate supervision after the event,and strengthen the self-discipline of the industry to ensure the steady and long-term operation of public welfare crowdfunding.Second,administrative law enforcement agencies should strengthen their sense of responsibility,strengthen the extradition of legalized platforms,set strict entry thresholds for crowdfunding platforms from the legal level,and vigorously promote anti-fraud education.Third,criminal judicial organs have improved the investigation mechanism and increased the detection rate of cases.Public prosecution organs can improve the rate of prosecution,criminal punishment in accordance with the suit.Finally,based on the stratification of crimes,scientific adjustment of sentencing rules and the establishment of a "strict but not severe" conviction and punishment system can help prevent and reduce the occurrence of public welfare crowdfunding fraud.
Keywords/Search Tags:Public Welfare Crowdfunding, Crime of Fraud, Characteristic, The Mire, The Path
PDF Full Text Request
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