Font Size: a A A

The Criminal Liability Of Telecom Operators In China's Telecom Fraud Crimes

Posted on:2018-07-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y J LiFull Text:PDF
GTID:2356330536460428Subject:Law
Abstract/Summary:PDF Full Text Request
In today's communications network era,with the popularization and intelligent of mobile phones,the cellphone provides a convenient communication for people,at the same time,"open the door" for a number of criminal acts.From the initial,telecom fraud victims choose silence or "self-righteous",to the present victim ranging from nothing,the spirit suffered a serious blow to the heavy can not afford to fight this unfortunate death,or commit suicide.However,in Chinese telecom fraud cases,the concern only about the legal action of the telecom fraud,rather than the main body of the telecom fraud-the telecom operators.The author used telecom fraud as a keyword to search http://www.cnki.net,and most of the literatures are based on crime starting point for research of telecom fraud crime,conviction,sentencing,or from the Angle of the deceived by the bank,telecom operators of civil compensation responsibility,moreover is based on the case has happened,analysis technique,telecom fraud is rampant crimes of fraud,and how to guard against and so on.Only Xinjiang university of Hai Bing Lin in her master's degree thesis simply from the subjective aspect and the harmful consequences and cause and effect are discussed in aspects of telecom operators in the telecom fraud crime shall bear criminal responsibility.However,it does not specify the criminal liability of telecom operators in the case of telecommunications fraud.Article 7 of the Supreme People's Court and the Supreme People's Procuratorate jointly promulgated the "Interpretation of Certain Issues Concerning the Specific Application of Law in Criminal Cases" stipulates that: "knowing that others have committed fraud,providing credit cards,mobile cards,communication tools and communication Transmission channel,network technology support,cost settlement and other help to the joint crime on the Department.December 2016 the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security jointly "on the telecommunications network fraud and other criminal cases applicable to a number of issues on the law"((2016)No.32)Article III,paragraph 8 states: "financial Institutions,network service providers,telecom operators and other business activities in violation of the relevant provisions of the country,the telecommunications network fraud criminals use,so that others suffer property losses,according to the law bear the corresponding responsibility to constitute a crime,according to the law."The two judicial interpretations and opinions expressly provide for the provision of communication tools and communication channels for telecom fraud criminals,and shall be investigated for criminal responsibility in accordance with the law of joint crime.However,in the reality of our country,Molecules to provide communication tools,communication transmission channel is not only natural people,more units-telecom operators when the telecom operators for telecommunications fraud criminals to provide communication transmission channel,in our existing criminal law within the framework of the crime can not be fraud An offense to pursue his criminal responsibility.Therefore,theauthor based on the above two judicial interpretation,combined with the status quo and characteristics of China's telecommunications fraud,trying to analyse telecom operators in the telecommunications fraud in criminal liability.In addition,the author will combine the existing laws of our country,the trial can veto through judicial interpretation within the framework of the existing provisions of the telecom operators under the criminal responsibility.At the same time,based on the current situation of rampant crime of telecom fraud and the continuous reform of the crime,the criminal legislation of our country put forward their own suggestions.As telecommunications service provider who does not fulfill its obligation of security,they should bear civil liability for the loss suffered by the consumer as a telecommunication user.At the same time,as a unique user of the transmission network line,such as non-directional dialing and short message of the developers,they illegal sale,open through the transmission network lines,the perpetrators of the use of its services,technical hold,connivance,did not carry out the corresponding regulatory obligations in accordance with the law,directly or indirectly caused the loss of telecommunications users,bear the corresponding criminal responsibility also has a certain theoretical basis.The first chapter is an overview of telecom fraud.Through the definition,characteristics and present situation of the crime of telecommunication fraud,the author analyzes the reason why the crime of telecommunication fraud is rampant in China.In the discussion of the status quo of telecom fraud,the author reflects the trend of the number and amount of cases by the number of cases of telecom fraud and the amount of money involved in recent years.It is more accurate to reflect the current telecom fraud the status quo and its severity.The second chapter bases on the "Guangzhou Telecom case" and "Zhang v.Shenzhen Mobile Company case",through the case of the two cases and the first instance of the verdict,the two cases of judgment on the reasons for the judge.At the same time,in the second section of this chapter,the author will combine with the introduction of the typical case in reality and the analysis of the main points of the judgment,the author points out that the telecom operators should bear criminal responsibility in the crime of telecommunication fraud.In the third chapter,the author from the "four elements" of crime constitution in our country,to discuss the telecom operators in telecom fraud crime shall bear criminal responsibility.In certain telecom operator in telecom fraud crime shall bear criminal responsibility,based on the malpractice and fraud to telecom operators in the telecommunications fraud crime in the criminal responsibility is analyzed in this paper.In the final chapter,the author will combine the content of the above discussion,provide related legislative proposals of the current criminal law in our country.As everyone knows,modifying or making the law is a very slow process,which has strict procedures,but realistic social development in moving forward again.Therefore,in this chapter,the author first discusses whether through timely method in the basic theory of criminal law to explain the existing law,thus accurate criminal responsibility shall be investigated for telecomoperators,in order to maintain social justice.In through relevant explanation cannot for telecom operators under the premise of criminal liability,the author thinks that should be by adding new crimes to cope with telecom fraud crime.Or,in the existing fraud crime subject,the increase of the subject of "unit",in response to the telecom operators in the telecom fraud crime shall be investigated for criminal responsibility.The author hopes that through the discussion of this paper,the future of telecom fraud crime should be investigated for criminal responsibility of telecom operators to provide the reference.At the same time,by means of the criminal law protection,urge the telecom operators to implement their own supervision,regulation of the three telecom operators on the use of the related equipment,rent and so on to prevent the occurrence of telecom fraud,maintain good social order.
Keywords/Search Tags:Telecommunications fraud, Telecom operators, Laissez-faire, Criminal responsibility
PDF Full Text Request
Related items