A Study On The Difficulties And Countermeasures Of Joint Crimes Against Telecommunication Network Fraud

With the rapid development of the economy,the Internet and the telecommunication technology on both sides of the strait,telecom network fraud has been from scratch,from small to large,and has made great strides in recent years,bringing great property damage to the people on both sides of the strait and seriously disrupting The cross-strait economic and social order.Telecom network fraud crime is a kind of space-time span of crime,its high technology,the victims of large groups,and hidden strong,the general crowd very hard to detect.Telecommunications network fraud elements of the regional division of a clear,well-designed fraud,by dialing the network to change the phone,"pseudo-base station" device group SMS means,online fraud information,etc.,in the two sides and other areas of fraud.From the "Golden Gate Agreement" to the "cross-strait joint crime and mutual legal assistance agreement",the two sides continue to deepen the areas of cooperation,enhance mutual trust,continue to carry out joint efforts to combat telecommunications fraud,received a good legal effect and social effects.But at the same time must see cross-strait cooperation is not enough depth and comprehensive,to the two sides to further cooperation in the fight against telecommunications fraud has brought limitations.At present,the two sides in the fight against telecommunications network fraud in the face of many difficulties,the need for further analysis and identification.It is difficult to return to the original meaning of justice;cross-strait for the different provisions of the jurisdiction of the telecommunications network fraud led to the jurisdiction of the co-operation,the two sides jointly crackdown on telecommunications network fraud Crime between the two sides of the "judicial organs" between the lack of cooperation and related procedures and norms,resulting in the investigation,investigation and evidence collection is difficult to get in place,there are docking and coordination and other issues;telecommunications networkfraud crime itself has a crime The third partyization,the diversification of criminal means and the strong nature of concealment,increased the difficulty of investigating the handling of the situation;the two sides on the crime of fraud and the penalty legislation there is a huge difference,affecting the impact of telecommunications network fraud;Cross-strait culture exists homogeneity and heterogeneity,the legal culture of the conflict is also a common blow to the telecommunications network fraud can not be ignored difficult.Therefore,the two sides need to constantly sum up the history of positive and negative experience,firmly grasp the current difficulties in combating telecommunications network fraud,enhance mutual trust and cooperation.financial institutions and regulatory authorities of the main responsibility;improve the telecommunications Internet fraud in the evidence of fixed,personnel repatriation and crime transfer system;cross-strait to enhance mutual trust,consultation to resolve the interference in the network of telecommunications fraud The establishment of cross-strait "judicial organs" sustainable response to telecommunications fraud exchange and cooperation mechanism;strengthen private exchanges,and promote cross-strait experts and law enforcement personnel exchanges and cooperation.In short,the fight against telecommunications network fraud is a long and arduous task.People on both sides of the people have a personal injury to telecommunications fraud,are strongly hope that telecommunications fraud can be brought to justice.Whether from the official level,whether civil society,or legal experts and scholars,should hold a more pragmatic attitude,under the premise of shelving historical and political issues,continue to deepen cooperation,the implementation of specific measures to combat long-term effective Telecommunication network fraud.