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The Legal Regulating Of The Telecom Fraud Crime

Posted on:2015-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:J X JiaFull Text:PDF
GTID:2296330467951984Subject:Law
Abstract/Summary:PDF Full Text Request
Telecommunications fraud as a product of the information age, has made fulluse of mobile phones, fixed telephone, Internet, other modern communication toolsand the techniques of online banking to commit fraud. With the technological andintelligent crime means, ever-changing modus operandi and hard deceptive, it hascaused great property damage, and has seriously threatened to the security ofcitizens’ property. Recently, the Ministry of Public Security takes series of specialoperations to combat telecommunications fraud constantly, and the judicial officeissued corresponding judicial interpretations, although they achieved remarkableresults, the telecommunications fraud is still very rampant, methods of crime becomemore covert, and deceptions are constantly upgrading. With the advances intelecommunications technology, large amount of new types of defrauds appears inthe new field of we-chat, private message of micro-blog, web forums and mobilephones and new mobile applications. The proliferation of high-fattelecommunications fraud tortures our government’s governance capacity andregulatory capabilities.In this paper, legal regulations and industry regulation of telecommunicationsfraud are as a starting point to start discussion, combined with the author’sunderstanding, based on a wide range of academic colleagues and the research ofexperts and scholars, try to define the concept connotation of telecommunicationsfraud, analyze telecommunications fraud by using criminology theory. And on thisbasis, the characteristics of telecommunications fraud which is different fromordinary fraud are pointed out, the social harm of telecommunications fraud isanalyzed, and the two big bottlenecks and the sufficiency are discussed: legal lag ofcombating telecommunications fraud and lacks of industry regulation, and finallyfocus on the problems the following measures are proposed: First, the status of aseparate legislation of telecommunications fraud should be given so as to flesh outand perfect deficiencies, such as the narrow scope of main responsibility, the identifying difficulty of common intentional crimes and the imperfection of penaltysystems. Second is to strengthen to protect personal information, timely formulatespecific protection laws on personal information, and promote civic awareness toprotect personal information and privacy; we should improve ethics, strengthen toprotect personal information in industry sectors. Third is to strengthen thesupervision on telecommunications industry. Strict implementation of rules andregulations on bank accounts should be executed, to the letter perform keeping thesystems of banking transaction record and establish the reminder system of financialtransactions. Forth is to strengthen the supervision on telecom regulatory order. Themain measures include: full implementation of the phone real name system,strengthening supervision on network communication tools, improving the ability torespond to new technologies fraud. Fifth is to strengthen the cooperation of publicsecurity and judicial organs with banks and telecom sector. Sixth is to improvepeople’s self-defense capability.This paper mainly adopts literature research, empirical analysis, comparativestudy method to start discussion, from the aspect of perfecting the legal system,strengthening the supervision on industry regulatory, that is, the relief of publicauthority, trying to make some insightful suggestions on legal regulation researchproposals of telecommunications fraud, in order to better combat the currentsustained high-fat and ever-changing telecommunications fraud.
Keywords/Search Tags:Telecommunications Fraud, Crime, Legal Regulation
PDF Full Text Request
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