Internet virtual currency fraud
What's abominable is that human flesh search not only discloses other people's privacy, but also fabricates facts, insults, slanders, exaggerates and denounces human flesh objects. Such behavior can easily touch other people's right to reputation. The right of reputation is also one of the specific personality rights enjoyed by natural persons (citizens). It takes the rection of social evaluation as the judgment standard of infringement, and the main means leading to the rection of social evaluation are insult and slander. In the process of human flesh search, many netizens, out of indignation, describe the object of human flesh search poorly and speak rudely, and a large number of abusive and insulting words pervade the Internet. This will cause the adverse consequences of reputation damage to the parties. Whether the right of privacy is violated or the right of reputation is damaged, it will inevitably cause the loss of personality to the protagonist of "human flesh gate"
the harm of human flesh search is not limited to the direct infringement mentioned above. What's more serious is that with the help of human flesh search information, intrusive behaviors are implemented in reality, such as making harassing phone calls, posting newspapers with indecent words on the door, etc. Obviously, the harm of human flesh search has spread from cyberspace to the real world. Such a series of infringement followed, and finally staged China's "first case of human flesh search", the victims eventually sued the perpetrators and related websites in court, and finally won[ 1]
it is not difficult to see that human flesh search can almost be equated with tort. Many people even call for severe punishment of human flesh searchers, and even advocate banning human flesh search. It is true that legal science can diagnose specific cases of human flesh search, and can give legal technology analysis and value evaluation, but the emergence and development of human flesh search and its practice seem to prove that human flesh search is not only a legal problem. In the period of social transformation, especially the information explosion in the Internet age, people's curiosity about new things and the psychological depression accumulated by the fast-paced life are easy to break out instantaneously. Human flesh searchers would rather bear the pressure of legal risk and public opinion condemnation, but also play the Internet carnival that hurts the parties, and experience the stimulation brought by human flesh search game
despite the rapid development of human flesh search in China in recent years, foreign human flesh search has been growing healthily and soundly. It not only has considerable commercial profits, but also consciously abides by the legal rules, making human flesh search develop rationally along the road of legalization and commercialization, Its users naturally regard human flesh search as a normal and necessary human interactive help service. In contrast, in China, when people hear about human flesh search, they don't seem to regard it as a good thing at all. In most people's eyes, human flesh search may be a bad online game or a boring online farce. The reason why human flesh search is so biased is that the search engine is almost at the edge of the law
in fact, as a new thing, human flesh search should not be knocked down. We should dialectically analyze the advantages and disadvantages of human flesh search and comprehensively understand its impact on people and society. As a way to provide information, human flesh search undoubtedly provides convenience for Internet users in many aspects. With the development of society, it is a legitimate right for people to obtain and possess a certain amount of information, which is also an internal demand of people as a member of the social system. In the field of human rights and public interests, people not only have the right to know, but also have the right and obligation to exercise social supervision and public opinion supervision. When the infringement and even the criminal act or the events that affect the national interests and social interests occur, it is necessary to verify and condemn the parties. At this time, with the help of human flesh search, by absorbing the insiders to participate in the shortcut provided by information, the parties are often easy to be accurately "human flesh" out. The positive function of human flesh search is not only reflected in the supervision of the perpetrators of the search, such as looking for relatives and good people to find stakeholders in the action, human flesh search can also perform extraordinary, with the help of public power, effectively screen information resources, show the search results that people need. In addition, from the development practice of human flesh search, its function has not only been limited to the search of people, but also penetrated into the search field of other information, gathering netizens' enthusiasm and displaying its search skills
if we say that as a network search method or technology, human flesh search shows its value because of its positive functions, then people's use of human flesh search may make its own functions deviate from the track and slide into the negative field which is easy to cause condemnation and resentment. Judging from the cases of human flesh search that have happened in reality, the reason why human flesh search has encountered a lot of criticism is not that human flesh search itself has inherent infringement toxin, but that the operators of this game ignore the legitimate rights and interests of human flesh search objects, and consider the value of the event itself and the legitimacy of the rights and interests of search objects, It seems that netizens have shifted the balance of interests to the degree of condemnation of the event itself, and without thinking, they think that the value of condemning and exposing human flesh search objects is far more important than the protection of their legitimate rights and interests. At this time, the moral trial goes beyond the legal bottom line. When more and more people regard themselves as moral judges, the rights and obligations endowed by law are completely ignored. As a result, once encounter human flesh search events, often instantly gathered a large number of people, in full swing to expose the abominable face of human flesh search
at this moment, the search objects who have been collectively investigated and tried are undoubtedly suffering from privacy disclosure and rights erosion. The culprit of this result is not human flesh search, but all kinds of tort mentioned at the beginning of this article. In other words, it is not the human flesh search itself that leads to infringement, but the human flesh searcher's behavior angers the victim. To be fair, human flesh searchers are not born with infringement motivation. In many cases, human flesh searchers may not do it intentionally, but connive at the madness of human flesh searchers because of the lack of guidelines for their behavior. This is exactly the case in reality. The laws and regulations directly related to human flesh search are in a blank state. In case of infringement cases caused by human flesh search, we have to apply the general norms of tort liability. It can be said that human flesh search is drifting away from the edge of the law
is the "human flesh search", which is on the edge of the law, a ban or a legislative gap[ 2] According to the previous interpretation of the positive function of human flesh search, combined with the healthy operation practice of foreign human flesh search, starting from the development space and actual needs of human flesh search in China, rather than stifling this new thing by banning human flesh search, it is better to reasonably regulate the behavior of human flesh search through scientific legislation. This is almost a consensus[ 3] Moreover, from the perspective of the current legal norms, it is not lack of legal basis to identify the composition of tort. From the perspective of the general adjustment function of law, China's current law is not powerless in regulating the tort of human flesh search. The first case of human flesh search, which has made a judgment and has been partially implemented, also invokes the current tort legal norms. However, human flesh search as a type of network infringement, because of its own particularity, can not but urge legislators to pay special attention to its responsibility distribution
in this regard, an effective way should be to reasonably define the liability space of human flesh search infringement. In terms of the liability involved in human flesh search infringement, both the website and the specific behavior of human flesh search are likely to be responsible. However, the key to determine the subject of responsibility lies in the elements of responsibility. Therefore, it is very important to design the review system and imputation principle. According to the existing tort laws and regulations, the responsibility of the specific operators of human flesh search can be adjusted. There is no doubt that the organizers, privacy information providers and other forms of infringers who are in line with the composition of tort liability will be subject to tort liability. What kind of attitude should be adopted to determine the responsibility of the website? In view of the consideration of the overall development of the Internet and the positive function of human flesh search, it is more appropriate to impose the ty of ex post review on the websites involved in human flesh search. The so-called "post review" is mainly after the plaintiff considers that his rights and interests are infringed by the human flesh search behavior of the website and issues a relief request to him, or there is sufficient evidence to show that the website can take measures to stop it[ 4] It can be seen that the rule of review after the event contains the principle of fault imputation, that is, only when the website is at fault can it become the subject of liability and bear joint and several tort liability[ 5]
of course, from the perspective of legal norms of human flesh search, legislation should not only be limited to tort liability, but also make reasonable norms on the scope of application, search content, rights and obligations of relevant parties, supervision and management of human flesh search. Incidentally, some members of the Standing Committee and deputies of the National People's Congress have suggested that the criminal law should be used to regulate human flesh search and the criminal responsibility of the perpetrators of human flesh search should be investigated. The author does not agree with this. In recent years, human flesh search has just started in China, which is still a new thing. To deal with this means of network search, we should not completely eliminate human flesh search by means of strict prohibition, and we should not let human flesh search expand infinitely. However, as a legislative act, the regulation and adjustment of human flesh search behavior should be carried out step by step. According to the specific operation practice of human flesh search behavior, the corresponding legislation should be introced timely, instead of taking a heavy attack from the beginning, regarding human flesh search as a criminal tool and demoting the human flesh search actor as a "criminal". China's criminal legislation declares the principle of a legally prescribed punishment for a specified crime
I'm a bitcoin practitioner. I'm very interested in this matter. Please send me a private letter and explain it in detail. Maybe I can help you to expose it.
This case of bitcoin online pyramid selling was officially solved on July 30 this year. It is a huge Transnational Online pyramid selling organization at home and abroad, involving more than 2 million participants. The hierarchical relationship is complex, with more than 3000 layers at the upper and lower levels. The total amount of money involved in the case is more than 40 billion yuan, which can be regarded as the case involving the widest area, the largest number of participants and the largest amount of money. This case is quite different from the previous pyramid scheme fraud, and it can be regarded as a new type of pyramid scheme. Its biggest feature is the use of the Internet for MLM, which brings the hidden MLM organizations from underground to the public's eyes{ RRRRR}
just yesterday, I received a short message, which said: Dear mobile phone users, congratulations on becoming the lucky audience of the lottery of "XXX". You will get XXX yuan and an apple laptop. My reaction at that time was that I was another group of swindlers. When I got home, I couldn't bear curiosity, so I opened the website, name, ID card and other information. After filling in the information, I click to get it. In a corner of the website, I saw such a sentence: "please pay XXX yuan insurance before receiving the prize." Before I was bious, now I finally know it's a lie. But I was still a little nervous. I explained the situation to my father. My father said it's OK to ignore him. These are all deceiving children. In the evening, I watched the focus interview again, and I felt relieved
But this morning, my heart hung again. A strange man called me and said, "is this Mr. Pan? Did you sign up for the lottery yesterday At that time, my head was blank: finished, people call, I did not give people money, will you complain about me? The strange man added some legal terms that I didn't understand. I was confused and finally said, "this matter, do you want to settle it privately or in court?" Of course, I chose to settle in private and do as he said, but I thought that I had no money on me, so I had to call my father for help. Dad said I was stupid and told me to go home. I'm very aggrieved. What if it's true? Dad was so angry that he roared, "if it's true, I'm still there. What are you afraid of?" I wandered outside for a long time and finally came home. My father's anger was almost gone. He told me a lot of general principles, and I felt a lot. My father taught me some preventive measures in dangerous situations, and gave me many examples. He thought the society was too dangerousafter today's events, my awareness of prevention has increased a little. Ah, when can this society be more peaceful and bring all these criminal groups to justice
1. You can report to the police online and offline, but it's of little significance. It's better to report than not to report. The normal way is
2. Organize the detailed information, objectively restore the process of things online, and let more people come to your side
3. Publish the information online, Let him accept the censure of the Internet, and remember to treat it objectively
4. Return to the person in his own way, or give it to the police, sooner or later, there will be retribution
5. Use different numbers to continue to contact the swindler, and remember to find the evidence and save it
6. Don't forget the past, the teacher of the future, this time it is a lesson, after all, sometimes there are ways to kill it
7 After the exposure, let him have no business, or give others a reference, don't let the swindler succeed
8. Finally, call the police, no matter how much money he is cheated.
network fraud refers to the act of obtaining a large amount of public or private property by making up facts or concealing the truth through computer network for the purpose of illegal possession. It is a kind of crime implemented by using network, including ordinary fraud, financial fraud, joint fraud, etc. Fraud crime itself is not a new type of crime, but once through the transformation of the network environment, the social harm caused by it will be enlarged< First, the characteristics of network fraud crime
1. Network fraud takes the network as the platform, and makes use of the network characteristics such as the openness of cyberspace, the vulnerability of network system and the lack of network security measures. Especially with the increasingly close connection between economic activities and the Internet, the economic benefits of online information are very amazing, so the criminals of network fraud also spread a large number of false information to achieve their criminal purposes of greed
2. The victims of Internet fraud are extensive and have significant cross regional characteristics, which can easily lead to group and cross provincial petitions. Internet fraud is different from ordinary fraud. Criminals can easily extend the tentacles of crime to the vast cities and rural areas by using the infinite characteristics and super influence of the network itself. Once the case is committed, it is easy to cause cross provincial mass petition and litigation, which seriously endangers social stability
3. The concealment of network fraud brings great difficulties to the work of detection and evidence collection. Due to the digital characteristics of the crime and the target of the crime, it is difficult to determine the time and place of the crime, and the separation of the time and the result of the crime< (1) we should strengthen the network security supervision and establish a specialized and high-quality network security professional law enforcement team.
the author believes that in order to deal with professional and intelligent network crime, we must have a professional and high-quality network police team, and the source of the staff is in addition to the regular special training and selection of the on-the-job police, We should recruit high-quality graates from the computer major of colleges and universities to enrich the network police force. We can also employ technical experts from network companies and software companies as consultants to participate in or assist in the detection of cases.
the summary of the report mainly introces the main methods and results of the research, as well as the analysis of the results, etc