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Research On Telecommunication-fraud Crime And Governance

Posted on:2019-07-18Degree:DoctorType:Dissertation
Country:ChinaCandidate:S S SunFull Text:PDF
GTID:1366330545952720Subject:Legal theory
Abstract/Summary:PDF Full Text Request
This study,based on the interaction between telecommunication-fraud crime and public security in the context of the rise of the Internet,explores the characteristics,techniques,organizational forms of the crime,challenges to the criminal investigation mode and the response of public security.Telecommunication-fraud crime began in 1997 in Taiwan,China,and rageded in 2008.Since 2004,telecommunication-fraud crime has been introduced to mainland China from Taiwan,and has spread rapidly in mainland.At present,there have been a number of regional characteristics of the professional crime groups,they and the Taiwan fraud Gang constitute the tiwo major factions,the implementation of fraud on the mainland.In recent ten years,the growth rate of Telecom fraud is far higher than that of other types of crime.It has increased rapidly at the speed of 20?30%,and has suffered a lot of social losses.Its harmfulness has not been underestimated.Depending on Internet and various social software,telecommunication-fraud crime will cut a complete crime process into several links,and derive a gray industrial ecosystem that provides communication lines and professional money laundering.Through outsourcing or public package between these links,the division of labor is constantly refined,the efficiency is improved,and the risk of crime is dispersed.As a result,there is no problem in the field of telecommunication-fraud crime,and there are no physical traces for investigation and extraction,so that the fraudsters can use modern communication technology to carry out remote infringement on the premise of themselves without space displacement.This kind of crime means of telecommunication-fraud crime naturally determines its criminal organization form must be different from the traditional form of Pyramid,the performance characteristics of loose,each link between chaos and non-structure.Facing the crime of subverting time and space,the public security organ has been in a passive situation for a long time.For the county-level public security who bear the front-line strike task,the continuous passenger field operations have made them encounter unprecedented structural distortions and tensions in the fields of funds,police force deployment and foreign cooperation.As a result,public security organs generally do not fight,dare not strike,or even does not want to crack down on telecommunication-fraud crime.As a result of hitting the soft spot of public security,telecommunication-fraud crime has gradually become a crime depression.This is why,in recent years,under the stable and convergent situation of violent crimes and traditional infringement of property crimes,it is the telecommunication-fraud crime that determines the trend of criminal cases nationwide.When the public security system is alone and unable to cope with the situation,changes must be made.First,the central government began to formulate a national level of action plan,through a systematic adjustment of the system to reverse the decline,that is,comprehensive policy.The core is the collaboration between the two most closely connected banks and communication systems and the police system.In this paper,the cooperation between banks and police is the main line.By combing the mechanism of the case detection platform and the anti-fraud center,the paper presents how the bank opens the bank card to the public security organs to inquire,stop and freeze the authority,and establishes an emergency stop payment and fast freezing working mechanism.Public security is no longer the only way to collect clues and counter fraudsters in the past,and to a great extent,solves the dilemma of public security being completely controlled by fraudsters.On the other hand,the public security itself is also adjusting.The management system of the public security organs is "dual leadership,combination of strip and block".This system is embedded in a more basic governance mode:Administrative Subcontract Mode.The centralized performance of the governance mode characterized by administrative management task and index decomposition is territorial jurisdiction,which is reflected in the public security investigation,that is,it always takes the area as the base to strike and prevent and control.This institutional arrangement is undoubtedly meaningful to clarify the territorial responsibility,but it is also difficult to avoid the situation of managing each other and fighting for itself.For the traditional crime problem or the problem of governance,because of the low space span,this system operates broadly and effectively,but for the telecommunication-fraud crime,which involves many local victims and public security crimes,the investigation mode of the administrative bag system as the bottom color naturally shows a kind of confusion,the county-level public security office is on the one.In other words,we should see that through telecommunication-fraud crime,we should see that the traditional governance mode is experiencing the challenges of the overall social change.In response,the Ministry of Public Security,as a response,began to promote the strengthening of the superior public security's support for the lower level public security in the organization,command,technology,experts,and foreign assistance,forming a new mechanism for intensive operations,and hedging the crime black net with the whole country.This implies the adjustment of the traditional governance mode which takes the administrative subcontract mode as the core.By means of telecommunication-fraud crime and government governance interaction complex,a dark line throughout,that is the centralization and decentralization:the Internet has exacerbated the economic liberalization,telecommunication-fraud crime or cyber crimes are the product of this process,it will be free to show extreme form,but in this situation,in fact,public security and the bank,each communication system has emerged over the status of resources that decentralization reduced to fragments.Therefore,it seems to be the two aspect of opposites,but the two are interlinked.In other words,focusing on the solution of telecommunication-fraud crime is not limited to telecommunication-fraud crime,but to see that in the process of governing social problems,the system itself is also in the process of convergence and correction.This study is the empirical study of the law,which is based on the fact analysis to drive the reasoning.Through long-term and immersive research in public security organs,we have systematically and systematically grasped the phenomenon of telecommunication-fraud crime,public security investigation,public security management system and cooperation between police and banks.Although the aim of this study is a kind of crime phenomenon nowadays,perhaps this phenomenon itself but can be expected,just flower briefly as the broad-leaved epiphyllum,driven by the Internet,the number and scale of cyber crimes will also increase,and the means and forms will be renovated,so taking the phenomenon of telecommunication-fraud crime as a sample,extracting and rethinking the governance experience of the government for the problems of cyber crimes and others,preparing to deal with more dangers in times of danger,are the long-term and ambitious targets of this study.
Keywords/Search Tags:Telecommunication-fraud Crime, Cross-regional Crime, Criminal Investigation Mode, Balance of Centralization and Decentralization
PDF Full Text Request
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