Legal Analysis And Countermeasures Of Telecom Fraud

Now in our country, the high incidence of telecom fraud, vulnerable groups is broader, the masses of the people loss is bigger, so the telecom fraud to hit the telecom fraud, protect people’s property. This article will discuss telecom fraud both in theory and in practice. This paper is divided into three main parts, the first part, the author introduces the characteristics of telecom fraud, main characteristic is:the fraud means diversification, telecom fraud to the corporate development, high-tech means, crime is extremely concealed, telecom fraud crime across the region or cross-border crime situation more, telecom fraud of low cost, large telecom fraud harmful to the society and to solve the high cost of telecom fraud; In this paper, the second part introduces the reasons of the existence of telecom fraud, telecom fraud exists: was the main cause of the current criminal law lags behind the development of judicial practice, the protection of personal information is limited, the public security organ to crack down on telecom fraud strength is limited, Banks, telecom enterprises lack of regulation, the lack of awareness. In view of this, the author puts forward five Suggestions; A separate legislation status of telecom fraud crime. The second is a personal information protection should be strengthened, to the personal information as a commodity business should increase the punishment. Third, the public security organs to improve their own quality, strengthening the cooperation of the three, namely mechanism of cooperation between departments, regional cooperation between the public security, and foreign cooperation of the police. Four is to strengthen the regulation of the telecommunications industry, Banks and other departments, the main measures to strengthen the telecom industry regulations, strict enforcement of legislation to open bank account and the system, strictly implement the system of banking transaction record keeping, build system of financial transactions to remind, etc. Strengthen the supervision of telecom operation order, and the main measures include:full implementation of the phone real-name system, strengthen the supervision of network communication tools and improve the ability of new technology to deal with fraud. Five is a people should raise awareness, strengthen prevention.