Journal of Southwest Petroleum University(Social Sciences Edition) ›› 2021, Vol. 23 ›› Issue (6): 81-90.DOI: 10.11885/j.issn.1674-5094.2020.09.19.01

• POLITICS AND LAW • Previous Articles     Next Articles

Constructing a New System of Criminal Law Regulation of Network Fraud Crime

HUANG Weiqing   

  1. School of Law, Nanjing University, Nanjing Jiangsu, 210093, China
  • Received:2020-09-19 Published:2021-11-26

Abstract: In recent years, with the rapid development of information technology and Internet technology, cybercrime has gradually become a new form of crime,threatening people's personal and property interests,and cyber fraud is one of the main types of crime. Internet fraud is a form of crime in which criminals rely on information technology to implement fraudulent activities through online platforms. Compared with traditional fraud, the crime of online fraud presents significantly different characteristics, and is quite different from traditional fraud in terms of means of behavior, behavior, characteristics of the crime, and composition of the crime. Although China's current criminal governance has shown the trend of pre-protection of criminal law, it is subject to the shortcomings of conservative criminal legislation system and punishment mechanism, which leads to the disconnection between the criminal law governance of cyber fraud crime and social reality and crime development. In view of this situation,we should improve the current criminal law regulation system from the aspects of constructing an open criminal legislation system, grasping the new characteristics of online fraud crimes, standardizing and perfecting the criminal punishment mechanism,and perfecting the supporting measures of criminal governance,so as to achieve more effective criminal governance of online fraud crimes.

Key words: Internet fraud, model of rule by law, legislation system, criminal law protection advancement, punishment mechanism

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