As one of the oldest crime types,fraud is mainly carried out in the form of "face to face" interaction.With the development of modern information technology,the incidence rate of fraud is increasing greatly.The continuous innovation of information technology and the advancement of globalization of information exchange have become the major development trends of today’s society.The most vivid example of this process is the emergence of the Internet and its rapid and steady expansion.The Internet appears in every field of human social life,which brings convenience to human beings,but also provides new opportunities for criminals.The Internet has rich resources,hidden environment,low cost,high-speed operation,high audience characteristics,thus attracting the attention of more criminals,which makes the Internet has become the most convenient tool for criminals to commit fraud.At present,the network fraud crime rate is on the rise in various countries,combating the network fraud crime has become one of the most urgent tasks faced by law enforcement agencies in many countries,including our country.Strengthening exchanges and cooperation between countries can more effectively combat the enthusiasm of criminals and curb the occurrence of crimes.As a friendly neighbor of China,China has been strengthening its comprehensive strategic cooperative partnership with Russia and developing mutually beneficial cooperation in various fields.In view of the large space span of network fraud crimes,mostly in the form of gang crimes and other characteristics,strengthen the cooperation between the two countries to effectively crack down on network fraud crimes is very necessary.In view of the fact that network fraud crime has not been introduced into the Criminal Law of the People’s Republic of China as an independent charge,the relevant regulation of network fraud crime in Russia is worth our reference.This paper mainly from the legislative and judicial two aspects of China and Russia network fraud regulation comparative study.Compared the legislative mode,definition,charge system and penalty setting of Internet fraud crimes in China and Russia in legislation,compared the completed form identification,joint crime identification and crime amount identification of Internet fraud crimes in China and Russia in judicature,summarized the advantages and disadvantages of our regulation of Internet fraud crimes,and put forward some suggestions for the shortcomings.In legislation,the Internet fraud crime is introduced into the Criminal Law of the People’s Republic of China as an independent charge to enhance the status of property punishment,strengthen the collection and application of electronic data judicially,unify the identification standard of the accomplished crime,and the elements of the crime quantity from the amount to the plot,in order to achieve the purpose of effectively combating the Internet fraud crime. |