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Legal Prevention System of Newly Emerging Crime of Fraud

Abstract
The newly emerging crime of fraud is classified as a new form of crime. The type of fraud is just like an amoeba with unpredictable forms. This type of crime is also rare overseas. Since 1997 as economy evolves, electronics communication prospers and internet becomes more common in Taiwan, several new crimes of fraud such as lottery, credit mortgage, purchasing, or cell phone text messaging have started to emerge. Some common characteristics of these newly emerging crimes are the use of large volumes of counterfeit documents, fraudulent accounts or deceptive phone calls to fake any forged but vivid and intense scenarios that induce or threaten victims to transfer money into fraudulent accounts appointed by the criminal group and seriously breach people's financial safety protected by law. Although a number of public order, electronic communication and financial authorities and businesses have already enforced internal policies to prevent the fraud. However a statistic collected by the criminal police department shows that the number of fraud cases has increased drastically by 42.6 times in the past 11 years. Due to large number of victims and the urgency pushed by the people and public opinion, The Executive Yuan of the Republic of China has established an ¡§Anti-Fraud Cross Functional Coordination Meeting¡¨ to coordinate the process from the perspective of public policies. However the progress is generally considered slow. The crimes has penetrated to the society and stretched into numerous forms. It has even lead to negative social external effect.
This study focuses on the legal prevention system of newly emerging crime of fraud and references to other related administrative laws. The main theoretical framework is based on the basic theory of administrative laws which include theory, organization, right, relief and supervision. Finally the purpose of the theoretical framework is to evaluate the followings: effectiveness of anti-fraud actions in Taiwan, completeness of the current regulations, cooperation of various government authorities, and cooperation between the private financial organizations and communications businesses. This study will also find out whether it will be effective to establish a public order committee under the Executive Yuan of the Republic of China or a national crime research institute as in other developed countries to support the government in fighting against crime; whether a ¡§financial police department¡¨ is necessary; and how China and Taiwan can cooperate through multi-delegation to battle against the crimes conducted by criminals or fugitives from justice who hide at the other side of the shore.

Identiferoai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0721105-112754
Date21 July 2005
CreatorsTing, Shui-fu
ContributorsJena-Rong Shyu, Shuai-liang Deng, chen-ching ¢Ñhi
PublisherNSYSU
Source SetsNSYSU Electronic Thesis and Dissertation Archive
LanguageCholon
Detected LanguageEnglish
Typetext
Formatapplication/pdf
Sourcehttp://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0721105-112754
Rightswithheld, Copyright information available at source archive

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