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Study on the Regulation of Fraud Crime by E-commerce

Author: ZouPeng
Tutor: ChenHang
School: Lanzhou University
Course: Legal
Keywords: E-commerce E - commerce fraud crimes Punishment plight Criminal law Countermeasures
CLC: D924.3
Type: Master's thesis
Year: 2009
Downloads: 211
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Abstract

The use of e-commerce fraud crime as a typical cybercrime species groups, along with the rapid development of e-commerce activities is increasing year by year trend, research and prevention work has also become an urgent task, caused a national criminal legislation, judicial and attaches great importance to theoretical research workers. Meanwhile, with the rapid development of e-commerce transactions, e-commerce fraud crimes constraints of e-commerce to continue the rapid development of a major threat. In China, with the development of legal theory and the continuous progress of the penal philosophy, the study of e-commerce fraud crime more and more attention, however, China's existing criminal law provisions for such crimes and the amount of e-commerce business large developed countries compared to the relevant laws and regulation is not perfect, and there are more controversial issues in the judicial practice, to some extent weaken the criminal law punishing the e-commerce fraud crime deterrent. This article in the study of existing criminal laws for e-commerce fraud criminal penalties status quo based on the analysis of existing criminal law to punish such crimes exist plight and existence dilemma related causes; draw on the experience of other countries and with our judicial status quo and further proposed on the basis of the criminal laws of the two systems for e-commerce fraud crime Countermeasures: First, because of the time change, improve the criminal law in a timely manner, and to enhance the fight against e-commerce fraud crime deterrent; criminal law in the fight against e-commerce specific use in fraud crimes. As for e-commerce fraud crime is a discussion of the appeal of some scholars and computer technology, trade journals, government regulation as well as relevant laws and regulations issued just explore the issues from a single point of view, failed to form a theory of the system. Therefore, in addition to the plight and the reasons for punishment under the existing criminal law framework of e-commerce fraud crime exists outside the system analysis, particularly in the following areas proposed innovations: (1) the construction of social credit system, imperfect perspective the impact of e-commerce fraud crimes. Get rid of a perfect system of laws and regulations on e-commerce fraud crime simply from a single perspective once again called on to analyze the reasons that lead to this kind of crime from a sociological point of view, so as to provide new ideas to improve the governance of e-commerce fraud crime. (2) e-commerce fraud criminal penalties for the plight of the reasons for using the e-commerce security management strategy, e-commerce expertise in the analysis of the existing criminal law framework.

Study on the Regulation of Fraud Crime by E-commerce

Abstract

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