Research On Administrative Law Countermeasures Of Telecommunications Fraud Governance

With the development of information technology and Internet technology,people’s life is becoming more and more intelligent,at the same time,the phenomenon of using new technology to commit a crime is becoming more and more serious.Telecommunications fraud is one of the most important concerns of the government and the public.In recent years,the trend of Telecom fraud has not diminished.Many areas and people in the whole country have been subjected to telecommunications fraud.People’s property has suffered heavy losses,and social order has been severely damaged.Eradication of telecommunications fraud is a matter of people’s sense of safety and happiness.As a special non-contact crime of fraud,telecommunication fraud has many characteristics,such as various means of committing crime,high technology level,strong concealment,cross regional gang crime and wide distribution of victims.In order to control the telecommunications fraud,the relevant departments have intensified their efforts from legislation and enforcement.The Supreme people’s court and the Supreme people’s procuratorate has issued judicial interpretations to regulate its sentencing,and the Ministry of public security has strengthened the implementation of the real name system,and the Ministry of public security has carried out the special management action of the telecommunications fraud.Under the strict regulation of various departments,the incidence of telecommunications fraud has been significantly lower than in the past.But so far,telecommunications fraud is still happening all over the country,and it is not going to decline as expected.The study found that the current governance of telecommunications fraud focuses on criminal punishment,but there are still some shortcomings in the prevention and supervision.At this stage,there are some defects in both criminal law and civil law liability investigation.With the development of practice and theory,we gradually realize that the governance of telecommunications fraud is a systematic project,which requires different departments to cooperate with each other.It can’t really eradicate telecommunications fraud by a single sector law.In this regard,the paper put forward some countermeasures to prevent and control of telecommunications fraud from the administrative law direction.Through literature data analysis,case review and other methods,the author made an overall research and analysis on how to play the role of administrative power to block the loopholes from the source of telecommunications fraud and cut off the chain of it.First,starting from the general theory of telecommunications fraud,the concept,characteristics,causes and hazards of telecommunications fraud are summarized to show the seriousness and urgency of the problem.Secondly,the current status and problems of China’s administrative organs in the management of telecommunications fraud were summarized.Finally,the Administrative Law Countermeasures of the management of Telecom fraud are put forward from the aspects of legislation and enforcement.This paper suggests to improve and refine the protection of personal information in administrative legislation to block the first channel of Telecom fraud,and to connect with the power of penalty;In law enforcement,this paper suggest to strengthen supervision in related fields and to strengthen the implementation of the real name system and the supervision of the individual information processing industry.And collaborative governance theory is proposed to make full use of the social resources of telecommunications and banking institutions to build a mechanism of information sharing and to improve the detection speed of telecommunications fraud.We should give full play to the guiding role of the government,encourage enterprises to research and develop new technologies and cultivate professional talents through technology tilt to defrauding from telecommunications fraud with advanced technique.