The Determination And Commitment Of Civil Subject Responsibility Of Telecommunication Fraud

Telecom fraud is an originated in the Taiwan area,with the mobile phone,fixed telephone,Internet or other communication tools or platforms for the media,for ordinary people to implement the new violations of property tort swindling behavior.At present,China has become one of the major sites of this new type of infringement.Telecommunications fraud is a new form of infringement,because of its ever-changing patterns of infringement,concealment,but also transnational implementation,making it a major threat to China's economic and social development and the safety of people's property.Since twenty-first Century,with the updating of electronic communications and information development and progress,economic level has been sustained and rapid development,the continuous improvement of living standards,people's life becomes rich.We have ample food and clothing in the construction of a well-off society.However,in China,the gap between the rich and the poor is becoming more and more huge.The current social and economic development and the resulting social contradictions are becoming increasingly prominent,which are derivatives of economic development.In addition,the mainstream values of our country continue to lose,and continue to show the high incidence of telecommunications fraud.The number of violations caused by this new type of property continues to grow,high,and even a large number of cross-border telecommunications fraud gang.The reasons are mainly concentrated in the following aspects:first,from the legislative level,the legislative system is not perfect enough to meet the needs of the new situation to prevent telecommunications fraud.Secondly is the inefficiency of legal regulation,now Telecom fraud replacement fast,the lag of law are highlighted,whiletelecommunications fraud tort has diversity and location uncertainty,more like the prevention and treatment of the increased difficulty.Three is the telecommunications,financial institutions and other prevention and control system is still imperfect,the relevant provisions of loopholes,but also to the use of infringement opportunities.Telecommunications fraud rate has shown a high level of situation,but also by the characteristics of the infringement itself.First of all,the cost of infringement is low,even if only a cell phone,telephone can be implemented.Secondly,there is no need to face to face violations,concealment is very strong,usually infringer and victims have not even met,only through the computer or mobile phone operations can succeed.Thirdly,the success rate of infringement is high,and the infringing act faces the whole society,and every citizen may become the object of infringement.From the perspective of people against telecommunications fraud is the main reason for the high success rate of human weakness:greed,followed by the lack of legal awareness,lack of awareness of such violations,low vigilance is a big reason.This paper outlines theory of Telecom fraud,with China's specific national conditions and the actual situation,to research the civil legal liability of Telecom fraud,the relevant departments to explore the field of telecommunications,finance and other functions as the main discussion,the relationship between self and the division of responsibility and commitment.The purpose of the study is to explore the way through the way of civil telecommunications fraud prevention and control,improve the identification of the major institutions of their responsibilities,increase the cost of illegal infringement,increase accountability efforts for civil tort,people,achieve the effect of crime prevention,hoping to provide reference for the prevention and control of China's telecom fraud.