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Study On The International Judicial Cooperation In Criminal Matters In Fighting Against Cross-border Telecommunications Fraud Crime

Posted on:2018-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:K XiaFull Text:PDF
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In recent years, computers and telecommunication network technology have developed so constantly that telecommunications frauds of various kinds become rampant. To escape from investigations and trials, criminals make full use of the globally-connected telecommunications network to conduct telecommunications fraud among Chinese citizens across the boarder, which causes huge losses for people's property and security. To crack down on such crimes, the public security organs in China conducts several rounds of transnational activities to arrest the criminals and get the illicit money back via international criminal juridical cooperation. But, there are many problems to be solved, to name just a few: how to deal with the conflict of legal jurisdiction of cross-border criminal cases, how to carry out the investigation and get proofs abroad, how to extradite criminals homeland for the trial, how to effectively get back the income from overseas telecommunications fraudulent crime. These issues need to be dealt with by criminal juridical practice departments and workers on legal theory.China has not yet signed bilateral treaties or agreements with some countries on international criminal juridical assistance, which makes it more difficult to solve the above issues. Recently, scholars have conducted researches correspondingly, but their research results either lack of comprehensiveness, focus only on the features, causes and social harms of such criminals, or discusses from a domestic perspective rather redundantly. The international criminal juridical cooperation against this kind of crime belongs to international relations, and the researches on international relations and international criminal juridical cooperation need to be furthered. On the above basis, the author tries to use the personally experienced "9.27" cross-border telecommunication fraud as the basic material,explains the concept and characteristics of cross-border telecommunication fraud, reveals its forms of expression and characteristics, analyzes various problems facing cross-border telecommunications fraud crime via international criminal juridical cooperation, and proposes some feasible suggestions.The paper mainly includes the following parts, except introductions and conclusions.Part One explains the concept, characteristics and evolution of cross-border telecommunication fraudulent crime. Telecommunication fraud refers to such a conduct that should be punished. It aims to get an illegal possession of the property via false information sent by telecommunication technology and equipment. As a result, victims(units) wrongly understand it and voluntarily dispose properties of their own, thus causing financial losses. The so-called cross-border telecommunication fraud refers to the crime of telecommunication fraud across different borders, territories, regions or legal areas, and it is a special form of telecommunications fraud. This kind of fraud crime has the following main characteristics: the cross boundary of the crime behavior; the specialization of the criminal activity; the non-contact nature of the criminal process; the dynamic progress of the crime pattern, etc. And the evolution of this crime has gone through three stages.Part Two describes the international criminal juridical cooperation in the "9.27"cross-border telecommunication fraud. Firstly, it briefly introduces the basic situation of the "9.27" cross-border telecommunications fraud; secondly,it expounds the main contents of international criminal juridical cooperation in the "9.27" case:investigations and proofs; joint arrest; fact of extradition. Finally, it makes further exploration on the international criminal juridical cooperation in the "9.27" case from legal aspects: it is easy to be affected by external environments such as political factor;the mechanism is not perfect; China has not signed bilateral treaties or agreements on international criminal juridical cooperation with many countries or regions; the understanding of extradition is superficial.Part Three analyzes the main problems faced by the international criminal juridical cooperation in the fight against cross-border telecommunication fraud. Firstly, lack cooperation platform of combating cross-border telecommunications fraud; secondly,there is a fierce conflict on criminal jurisdiction; thirdly, there are too many controversies and difficulties in the extradition; finally, it is rather difficult to recover the stolen money or goods from abroad. All of these problems have seriously affected the detection and closure of specific cases.Part Four puts forward some suggestions to improve the international criminal juridical cooperation against cross-border telecommunication fraud. In order to effectively combat cross-border telecommunications fraud and safeguard people's property rights, improvements should be made from the following aspects: establish the cooperation platform to fight against cross-border telecommunication fraud; solve the legal conflicts of criminal jurisdiction; standardize overseas investigation in international criminal juridical assistance; carry out flexible and pragmatic extradition cooperation;improve the criminal lawsuit transfer system; recover stolen goods or money beyond the boarders positively.
Keywords/Search Tags:Cross-Border Telecommunication Fraudulent Crime, International Criminal Juridical Cooperation, Foreign Jurisdiction, Extradition
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