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Internet fraud crime is not a criminal law of a specific offense, but the general term for the use of the network implementation of various fraud crimes from the criminal theory. Compared with traditional fraud crime, it has its own unique characteristics, namely: crime virtual space, crime concealment and continuity, specialization of criminal means, the low cost of crime, breadth of hazardous objects, younger age as well as the subject of a crime. Different based on violations of similar objects, phishing crime can be divided into ordinary phishing crime and special two basic types of Internet fraud crimes. Ordinary phishing criminal violations of object is public or private property ownership. Special network of fraud committed in violation of public or private property ownership, the main object of the infringement is of the order of the market economy, in general, the latter social harm is greater than the former. Criminal subject is limited to natural persons of ordinary Internet fraud, the special Internet fraud criminal subject, including natural persons and units. Our network fraud crimes are many reasons. On the legislative front, the current Internet fraud legislation in our country lags behind, the existing penal provisions directly involved in only two of the network fraud crime. In the administration of justice, the main problem is the case under the jurisdiction of a conflict exists, the lag detection of combat and international judicial assistance. In terms of the safety system, government regulation is not in place, the network service industry self-regulation is ineffective, security systems and measures are not implemented. At the social level, China is in a period of social transition, values ??confusion network ethical oversight out of control, part of the pursuit of wealth to take the risk. At the same time, the majority of Internet users in the anti-fraud awareness is weak, but also to some extent contributed to the arrogance of the phishing criminals. Phishing crime prevention, we need to make comprehensive use of legal, administrative, educational and many other measures. First of all, it should increase the legislative efforts to solve the problem of Internet fraud laws applicable. Specific recommendations are as follows: First, the network virtual property as electronic data, defrauding network virtual property crime according to the Criminal Law Amendment (g) \Amending the Code of Criminal Procedure, to clarify the legal status of electronic evidence, and the introduction of related legal documents to the main collection of electronic evidence collection policy review rules provisions, to solve the problem of network the fraud crime investigation and litigation of evidence. Amendments to the Criminal Law, the \Secondly, the territorial jurisdiction based on a reasonable interpretation of the crime was committed, to form a unified recognized standards, to avoid and reduce cases of jurisdictional conflicts, integration of judicial resources, and strictly according to law enforcement, to effectively curb the upward trend of phishing crime. Third, the government should increase the network supervision, guidance, supervision and network units to implement network security system, plug the loopholes, eliminate security risks, compression network the fraud crimes survival space. Finally, to strengthen the network and moral construction, extensive network security, and legal education, and improve the whole society, especially the majority of Internet users, anti-fraud awareness and concept of the legal system, to eradicate the social soil suitable for the survival of internet fraud crime.
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