Legal Countermeasure Study For Cross-border Fraudulent Crime Of Cross-strait

Recently,the cross-border telecommunication frauds committed by mainland China and Taiwan criminals who collude together frequently occurs,which are even very hard to prevent and crack down on.Especially due to the closer tie across the strait and the rapid development of technology,these kinds of frauds tend to be diversified and organized.The harm of cross-border telecommunication frauds is not confined to property loss,the crimes also lead to social disorder and cast a shadow over cross-strait ties.After a thorough exploration of how the crimes happen and develop,as well as of the defects in the effort thwarting them,the author finds the reasons of the frequent occurrence of this kind of crime.Apart from criminals' pursuit of money,and lax supervision of some concerned authorities,the imperfect laws and regulations,and lack of judicial cooperation mechanism across the strait also induce the crimes.In regard of the severe harms of telecommunication crimes to the society and the defects of the efforts to reduce them,a legal system to prevent,punish and crack down on telecommunication frauds with joint efforts cross the strait needs to be established as soon as possible.This paper sets out,from the perspective of the cross-border telecommunication frauds,studying revelent articles,combining with social hot spots,analyzing cases related to them,to research the social damage and the trend of the development of the cross-border telecommunication frauds.Research the factors of the cross-border telecommunication frauds through analyzing the content,features,forming process and patterns of manifestation.Not only study the elements of the criminals,but also analyze the regulatory responsibility of telecom departments,banks and so on.In addition,this article analyses the defects in the effort thwarting them from the view of the law system of punishing telecommunication frauds and judicial cooperation mechanism across the strait.Finally,this paper proceeds with criminal law,explore the opera table prevention measures of telecommunication frauds.On the one hand,perfect laws and regulations,enhance cooperation with relevant departments.On the other hand,strengthen the cross-strait exchanges and cooperation,set up a judicial cooperation mechanism across the strait.Wish to solve the problem of punishment on cross-border crimes.