Study On China's Telecommunications Fraud Legal Systems

Telecommunications fraud is a crime to defraud people of money for the purpose of modern information and communication as a means to send some false information to victims,victim to a false understanding of reality,so that the victims fooled and "active" to crime staff to give his money.China's current criminal law does not make for a clear explanation of telecommunications fraud and provisions related crime include the name of the current contract fraud,swagger fraud,fraud,illegal access to personal information as well as residents of the crime of impairing credit card administration and other crimes,.Often in the ordinary course of judicial practice according to the different types of fraud analysis,often the phenomenon of telecommunications fraud crime involving multiple names,under normal circumstances would use Implicated way punished.At present,China involving various documents to telecommunications fraud extremely relevant content is not perfect,recording mostly telecommunications fraud crime where a small branch,rather than a detailed description of the various types of telecommunications fraud and related explanations.Cause a lot of problems in judicial practice.This paper from the particularity of telecommunications fraud,discusses legislative issues of fraud information.Practical point of view the case study of telecommunications fraud can improve theoretical knowledge amendment of telecommunications fraud,for teaching discuss giving the readability of theoretical knowledge.But also for the discussion of issues related to crime and constantly improve the legal authority to lay academic research,to lay a theoretical foundation for the long-term fight against crime.From a practical point of view,the number of cases of telecommunications fraud has occurred frequently rising trend,the impact on social stability,steady economic assets and thousands of people are,so discuss legislative issues telecommunications fraud in favor of strengthening to combat telecommunications fraud,to establish the authority of the law.Our study found that telecommunications fraud law the main problems is that the current lack of legislation and judicial interpretation,after the first sentence people principle hinder timely relief to victims' rights,"Criminal Law Amendment(ix)" to infringe personal information of citizens crime is blurred.This paper proposes the addition of the terms of the existing "Criminal Law" 287 "has the purpose of illegal possession,use of fixed telephone,mobile phones,VOIP phones and other communication tools,or the use of network communication tools,through fictitious facts or conceal the truth etc.,to defraud public and private property,the larger the amount,the conviction and sentencing carried out in accordance with the preceding paragraph."in the current" Criminal Law "266 fraud on the general provisions below,the addition of a specific description of the terms," in the above case,if you use a variety of media or communication tools to obtain public or private property,the provisions of the preceding paragraph shall be in accordance with the conviction and sentencing."increase in crime subject to increase types of penalties,increase the existing criminal law offenses.China principle limit after the first sentence,after the line of ancestors conditional punishment,the right to choose a program to protect victims;reform of the criminal with a civil claimant to victims in criminal proceedings provide an institutional guarantee;Reinterpreting "Criminal Law" on violations of individual citizens information crime of standards recommendations.