Analysis And Suggestions On Telecom Operators' Legal Liability In Telecommunication Fraud

Various kinds of telecommunications frauds are widespread in all social strata,and their social impact is still high.The telecommunication fraud cases such as the “Xu Yuyu Case” in Shandong are even more frightening and scary,making people hate telecom fraud activities.As our country attaches importance to such cases,public security organs,people's procuratorates,and people's courts have cooperated and cooperated with each other to punish illegal criminals in such cases.Organizers,planners,implementers of fraudulent activities,have been arrested one after another and accepted corresponding legal sanctions.However,when the judicial practice investigates relevant persons responsible for telecommunication fraud activities,it is often easy to overlook the subject of “telecom operators”.For this reason,the article will explore the reasons for investigating the legal responsibilities of telecom operators in telecommunications fraud and the legal responsibilities of telecom operators from the current legal regulations in China,and try to put forward relevant legislative proposals,hoping to more fully protect the public Legal rights.The article will be developed from the following four aspects:The first part mainly introduces that telecom operators should bear legal liability in telecom fraud,and explain the reasons why telecom operators should bear legal liabilities for telecom fraud activities from the aspects of the illegal behavior of telecom operators and the harm of telecom operators.The second part mainly introduces the status quo of telecommunication operators in assuming legal responsibility for telecommunication fraud,starting with the current legal provisions in China,such as the Constitution,the Criminal Law,the Contract Law,the Tort Liability Act,and the Telecommunication Regulations,"Network Security Law","Interpretation of Certain Issues Concerning the Application of Law in Handling Criminal Cases of Infringement of Citizens' Personal Information","Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases such as Telecommunication Network Fraud",etc.,and analysis of the existing laws and regulations concerning the legal liability of telecommunication operators in telecom fraud.During the analysis,some legal provisions were found to be lagging behind and legislative blanks,etc.,and the legal responsibilities of the telecom operators could not be fully investigated,and the property and other legitimate rights and interests of the cheated victims could not be protected as much as possible.The third part mainly introduces the relevant regulations of other countries in combating telecommunications fraud and investigating the legal liability of telecommunication operators.It is hoped that through analysis and reference,we will explore ways and means of investigating the legal liability of telecommunication operators in China in light of the deficiencies in combating telecommunications fraud and investigating the legal responsibilities of telecommunications operators.The fourth part mainly introduces how to investigate the legal liability of telecom operators in telecommunication fraud and related legislative proposals.First,telecommunication users such as victims of cheating can use the method of private remedy such as breach of contract lawsuits and infringement lawsuits to telecom operators.If civil liability for damages is pursued,it will not result in no remedies for property losses in cases where criminal suspects and defendants of telecommunications fraud are criminally investigated but are unable to return illegal gains.This is followed by the assumption of administrative liability for current telecommunications operators.The status quo and issues propose the introduction of a special“telecom law” method to better investigate the telecommunication operators' dereliction of duty and negligence in the telecommunication fraud caused by violations of laws and regulations in order to better maintain normal,orderly,and secure telecommunications.The order of communications prevents the occurrence of telecommunication fraud.Because telecom fraud is different from traditional fraud crimes,there are problems in judiciary application when applying the relevant provisions of criminal law fraud,in order to better solve the problems of telecom operators' unit crimes and investigate.The legal responsibility of telecommunication operators is proposed to be established separately.The suggestion of "fraudulent swindle crime" is to better investigate the criminal liability of telecom operators in telecom fraud.Finally,it proposes to perfect telecommunication operators' legislative proposals on the protection of personal information and hopes to protect personal information from the source and prevent the occurrence of telecommunication fraud.