| The development of Internet technology in China has become the largest Internet user group in the world after more than 20 years of development since it was connected to the global Internet in 1994.According to the report released by China Internet Network Information Center(CNNIC),the number of Internet users in China reached 1.011 billion by June 2021,an increase of 21.75 million compared with the statistics in December 2020,and the Internet penetration rate in China reached 71.6%.This huge user base is accompanied by leaps and leaps of science and technology in human society.From the emergence of the Network 1.0 era to the present era of Network 3.0,the influence of Internet technology on human society has been expanding in depth and breadth.While providing tools for human to carry out social activities,it is constantly penetrating into every corner of human social life,and transforming and reshaping the existence mode and operation basis of human society.On this basis,the Internet is no longer limited to the media of information transmission and exchange,but has become an indispensable part of social life at the present stage.It has innovated the form of social activities from the aspects of lifestyle,activity space,relationship form and so on.The development of science and technology does not have a natural value orientation,and what kind of impact it will have on human society depends on how it is used.Just as the materialist dialectics holds that things are double-sided,the development of science and technology itself is double-sided.For the development of Internet technology,it brings great convenience to human activities while bringing the same risks,and the combination of crime and technology brings new forms of challenges and threats to the existing system and civil rights and interests,which is a specific manifestation of the risks.Crime in the network era with the combination of science and technology status of the new major is a new type of crime and traditional crime of alienation,and fraud crime is the traditional telecom network in the network era affected by means of science and technology dissimilation of typical,after the alienation of crime from the running mode and traditional crime had great difference,Jumping out of the traditional crime by all kinds of restrictions,so that crime to social order and civil rights caused by the degree of harm increased.At the same time,because this kind of criminal activity changes the operation mode of traditional crime,it also makes the continuous development of investigation activities in the long-term struggle with traditional criminal activities in the process of dealing with the crime has encountered a great test,in a long period of time,the crime response effect is not good.At present,telecom network fraud crime has gradually become an important part in the criminal industry in our country,and gradually moving towards the first big industry status,according to statistics,in the public security organ whole criminal registered and all kinds of different categories of cases registered are in decline,only 2020 fraud cases registered revealed a rising trend,And the number of fraud cases in the overall number of criminal cases in the proportion is also increasing year by year.The high incidence of telecom network fraud crime directly threatens the people’s property security,at the same time,because in criminal activities,criminals often use the victim to the public organs,industry sector of the trust to implement fraud,causing a huge amount of property losses at the same time,but also to the social daily operation of the trust foundation has hurt.Therefore,this kind of criminal activities should be dealt with through timely and effective governance to limit the damage caused by criminal activities to the society.Investigation is an important part of crime governance activities,and the effect of investigation is of practical significance for the realization of the goal of crime governance.This thesis focuses on how to improve the effectiveness of investigation based on the problems encountered in the operation of telecom network fraud crime investigation activities.This thesis is mainly composed of the following five chapters:The first chapter is an empirical analysis of telecom network fraud crime investigation.Telecom network fraud crime is a typical representative of the new type of network crime,as a new type of crime different from traditional crime,this kind of crime in different periods of time the characteristics of the crime is not the same,and the corresponding investigation activities in the process of fighting against crime encountered difficulties are also different.In order to accurately grasp the present criminal characteristics and the status of the spying operation,find the present problem of telecom network fraud crime investigation in our country,put forward targeted solutions provide the basis for follow-up,with the method of empirical analysis of the status quo of current criminal activities and investigation activities is to generalize and summarize the understanding of the scientific method.It can be seen from the overall criminal case data that the telecom network fraud crime is still in a high state,and in the overall criminal case rate decline trend shows a "counter trend" increasing trend year by year,it can be seen that the current investigation subject is facing the telecom network fraud crime overall situation is very serious.On the basis of grasping the overall situation of the crime,the characteristics of the present stage of criminal activities and the development trend of criminal activities are understood to provide a basis for the follow-up analysis.After understanding the current situation of criminal activities,it is necessary to analyze the current situation of investigation activities,and understand and grasp it from the Angle of relevant legislation,investigation mechanism and specific investigation behavior.Combined with the status quo,characteristics and operation status of criminal activities,the problems existing in the investigation of telecom and network fraud in China at the present stage are refined.It is pointed out that the predicament of current investigation activities mainly consists of four aspects: the limitation of investigation resources,the passivity of the development of investigation activities,the irregularity of internal and external cooperation of investigation,and the difference between centralized attack and normal investigation.How to solve these problems has become the key to improve the ability of investigation to deal with crimes at present.The second chapter is through the investigation situation analysis to solve the problems in the investigation practice to provide the path to crack the current difficult situation.The theory of investigative situation holds that the effectiveness of investigative activities is closely related to the operation of investigative methods,and investigative methods are a selection system composed of many factors related to investigative activities.Improving the operational effectiveness of investigative methods can help investigative activities master the advantages of fighting against criminal vitality and change the unfavorable situation of poor effectiveness.Therefore,it is the best choice to solve the difficulties encountered in current investigation activities from the perspective of methodology under the premise that the investigation resources are limited and cannot be improved in a short time.Investigation of the situation as the basis of investigation method system,with the telecommunications network fraud crime investigation from the universal to the particularity of the concrete implementation theory,based on the specific structure of crime investigation situation,characteristics and the analysis of the specific application,from the investigation of the situation of chaos system features found in diversified activities from the point of view of the analysis of investigation,According to the dynamic characteristics of the investigation situation,the author re-examines the force contrast between investigation and crime and actively seeks to change the passive situation in the operation of the investigation behavior based on the dynamic characteristics of the investigation situation.Through the analysis of the investigation of the situation of telecom network fraud crime investigation to solve the problems in practice provides the scientific analysis of the starting point for investigation in criminal activities,build benign relationship between main factors to achieve the investigation of utility maximization and to have the advantage for the purpose of investigation activities to adjust the three way to solve,in order to improve the effectiveness of investigation activities.The third chapter is the application of dissipative structure theory to guide the investigation subject to carry out scientific analysis of criminal activities.The theory of dissipative structure originated from thermodynamics,and has gradually developed into a crossdisciplinary discipline due to its guiding role in many different disciplines.Based on dissipative structure theory and the basic content of the interpretation methodology level construction,combining the characteristics of the telecom network fraud crime to have to analyze the applicability of this theory,based on the analysis of establishing system of crime,found that this kind of crime system possesses the relevant conditions of dissipation structure,At the same time,the development trend of its criminal system can be influenced by the behavior of relevant subjects outside,so it is considered that the dissipative structure theory can be applied to the analysis of telecom network fraud.Applicability judgment based on this,the dissipative structure model is established for telecom network fraud crime,the criminal system entropy of decision system development trend with the internal relations between the units were analyzed,and find the key factors influencing the development trend of criminal activities,and guide investigation subject to scientific and rational knowledge in the process of investigation activities running criminal activities,The condition of actively searching and controlling the change of the crime system makes the system develop to the disorder state,and finally actively promotes the development of the investigation activities to the dissipative structure to cope with the trend of the development of crime to the dissipative structure,and realizes the scientific analysis of criminal activities under the guidance of the dissipative structure theory.The fourth chapter is to give full play to the active role of synergetic theory in the construction of investigation synergetic cooperation mechanism to realize the orderly structure of investigation cooperation.As a part of systems science,synergetic theory also plays an important role in the research of different disciplines,especially in recent years,it has been fully demonstrated in the development of synergetic governance theory.As a crime investigation activity closely related to crime governance,it is necessary to establish cooperative mechanism of investigation based on synergetic theory,which is helpful to solve the problems of limited investigation resources and non-order of internal and external cooperation in the investigation of telecom and network fraud.Based on synergetics theory and methodology of this thesis,the analysis theory of synergetics in the investigation of the situation in the system using the applicability and for telecom network fraud crime investigation of the situation analysis of the significance of that the theory in the formation of the collaborative mechanism guiding investigation,make the investigation situation system play the whole is greater than the sum of each subsystem’s function and so on is of great significance.Based on synergetics theory,on the basis of investigation cooperation mechanism,principles and concrete structure is analyzed,from the system establishment and perfection,the resources safeguard,platform construction,and subject to foster the Angle to ensure that the investigation of efficient and effective cooperation mechanism,for a wide range of telecom network fraud crime investigation resources integration,Maximize utility under the background of limited investigation resources.The fifth chapter is through the application of game theory in the investigation activities to provide the path to improve the implementation of specific investigation behavior.Game theory and the combination between the science of criminal investigation is based on the characteristics of game activities with spying,by applying the game theory analysis to the telecom network fraud crime investigation,helps to fully understand the feature of game between investigation and crime,the criminal rational degree of ascension would also require investigation using game theory to direct confrontation,The analysis of game theory also contributes to the transformation of investigation thinking from unidirectional to bidirectional.Therefore,the basic model of telecom network fraud investigation game operation is established,highlighting the basic position of information in the investigation game,recognizing the dynamic characteristics of the investigation game and the unity of confrontation and cooperation in the investigation game,and the evaluation system of the investigation game is established on the basis of the scientific benefit view.Under the guidance of this model,the investigation thinking,investigation mode and investigation measures of telecom and network fraud crime are updated and enriched,so that the specific investigation behavior occupies a dominant position in the dynamic confrontation,thus changing the passive position of the development of investigation activities and improving the effectiveness of the regular investigation activities. |
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