An Empirical Study On China Telecom Fraud Crime

Telecommunications fraud crime is a new type of crime,which is generated under the background of socio-economic development and the development of the Internet.It was first introduced to mainland China by Taiwan.After nearly two decades of growth in our country,it has reached the peak of the incidence rate in recent years.To this end,public security agencies and the judiciary have made relevant efforts to suppress the development of telecommunications fraud crimes.Following the Supreme People's Court in 2011 and the Supreme People's Procuratorate jointly issued the "Interpretation of Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraudulence",some of which are related to the issues related to telecommunications fraud.Five years later,in 2016,the Supreme People's Court,the Supreme People's Procuratorate and the Ministry of Public Security jointly issued the "Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Cybercriminal Fraud".During this period,the incidence of crimes of telecommunications fraud increased year by year,and vicious criminal cases of greater social harm such as victimization of Xu Yuyu by telecommunication fraud and Xinxiang 2016.1.3 telecommunications fraud have been exacerbated in the society Existential instability.Although our country uses a high-pressure situation to prevent and control telecom fraud crimes,it still encounters realistic difficulties in judicial practice.After an empirical analysis of telecommunications fraud crimes,the author summarizes and analyzes the characteristics and status quo of telecommunication fraud crimes.I have found that telecommunication fraud criminals possess a certain degree of anti-investigative capacity.They often commit gang crimes,have unspecificity and breadth in the selection of criminal targets,and present diverse criminal forms and criminal means.At present,the rate of crimes committed by telecommunications fraud increases year by year,which has a detrimental effect on the stability of the social order.However,there are differences in conviction and sentencing in the judiciary's trial activities.According to research and analysis,the author elaborated the causes of the current state of telecommunications fraud crimes.I have found that the current criminal criminal fraud is caused by low crime costs but high criminal proceeds,severe personal information,unfair balance in criminal trials,difficulty in investigation by public security agencies,inadequate supervision measures in the telecommunications and financial sectors.On this basis,the author refers to the relevant legal regulations and experiences of Japan,the United States,and Germany.It is believed that in order to prevent the occurrence of China's telecom fraud crimes,efforts should be made in legislation,the judiciary,public security agencies,the Ministry of Telecommunications and Finance,and citizens themselves.Establish and improve the establishment of independent charges for telecommunication fraud crimes,protection of personal information,criminal adjudication rules,investigation capabilities and collaboration of public security agencies,and preventive and remedial measures for telecommunications and finance.And put forward the establishment of relevant mechanisms such as humanistic care and psychological counseling for victims.It is expected that the high incidence of crimes of telecommunications fraud will be checked on the basis of the compatibility of crimes,punishments and punishments,reduce the loss of citizens' property,and restore normal and orderly social life as soon as possible.