The Practice Problems And Solutions Of The Crime Of Telecommunications Fraud

Telecommunications fraud is a new type of fraud that different from traditional fraud.For the non-specific objects, the use of non-contact manners, dissemination ofinformation tools and new payment methods, fraud means updated constantly, it is noteasy to identify, that makes it difficult to identify this kind of crime in practice, and itcauses a certain impact on the related to the traditional theory of fraud. This article isbased on related typical cases, comparative analysis of the cases, and it draws a series ofpractical problems, and combine and assess the academic controversies, to solve thepractical problems that hoping to it can help to the identification of telecommunicationsfraud. This article is divided into five parts:The first part is the telecommunications fraud action awareness. This part throughthe comparison of two typical cases, and it leads to the problem that whethertelecommunications fraud should have action awareness or not in practice. And sort outand compare to the relevant theoretical controversies, the eclecticism is not apply totelecommunications fraud, the two theories are not in opposition, then refute theargument that considers action awareness is not necessary. So it draws the conclusionthat telecommunications fraud also need to have action awareness, and it distinguishtelecommunications fraud and theft.The second part is how to identify the amount of telecommunications fraud. Firstly,the cases lead to the problem of the basis on the amount of telecommunications fraud.And it thinks that telecommunications fraud have a breakthrough of the nature of crimeof fraud that pure amount through analysis, it also likes circumstantial criminals. And itfinds that three cases should be considered to, include that the amount can be ascertainedand can not be ascertained, and can ascertain a part of the amount, to deal with theamount and the numbers of making phone calls and sending messages. Secondly, discussthe standards that the amount of telecommunications fraud co-perpetrators. Analyze therelevant disputes, and come up with the standard that is actual losses, and then considerthe position and role of the co-perpetrators in telecommunications fraud.The third part is the problem that the form of not accomplished intelecommunications fraud. First, integrate and analyze the theoretical controversies of the standard between telecommunications fraud accomplished and not accomplished. It usesthe victim’s legal interest as standard, and it draws a conclusion that the standard is out ofcontrol. Secondly, discuss the punishment of the form of not accomplished intelecommunications fraud. Detailed analysis of the types of not accomplished intelecommunications fraud and as a punishment sentencing issues and both haveaccomplished and not accomplished situation. It should be choice the legal sentenceswith the amount by accomplished telecommunications fraud, and the part of notaccomplished is considered as reference.The fourth part is the assist offender in telecommunications fraud. First, cases lead tothe problem that assistance that provide professional services to change the mobile phonenumber can or can not constitute assist offenders. Analyze the disputes, and it thinks thatif providers of professional services cause force to the result of the legal interest, weatherthe result will produce significant changes or not. While presume assistors haveknowledge of telecommunications fraud and that can identify the assist offender intelecommunications fraud. Secondly, to research the telecom operators can or can not beassist offenders, it put forwards that it can be assist offenders in a certain range. Give thetelecom operators obligations to conduct an overall inspection in a specific time and dutyof care on the abnormal transaction. If the telecom operators know the abnormaltransactions, but have not taken any action, it can be assist offenders and take the rap.The fifth part is how to identify implement telecommunications fraud by posing asstaff of state organs. In this part a typical case leads to the controversy that how toevaluate the behavior that implement telecommunications fraud by posing as staff ofstate organs. Through discussing the academic controversies, implementtelecommunications fraud by posing as staff of state organs is not concurrence of articlesof law, but is imaginative joinder of offenses of fraud and crime of cheating and lying,and convict the felony.