A Study On The Mutual Assistance Of Criminal Justice In Cross-border Telecommunication Fraud

As a special form of telecommunication fraud,cross-border telecom fraud has occurred increasingly frequently and presents new features of technology upgrading,detailed division,concurrent money laundering and robbery crime in recent years.Although Taiwan and mainland signed “Cross-strait Joint Fight against Crime and Mutual Legal Assistance Agreement” in 2009,limited to the roughness of the agreement and differences in operation,the effect of jointly combating is not optimistic in practice.This paper attemps to make the relevant analysis through analyzing the theoretical and practical problems of the above issues.The first is analysis from theoretical aspect,starting from the overview of telecom fraud and mutual legal assistance,which is a deep description of the development of cross-strait telecom fraud and its characteristics of high profit,low sentencing,high-frequency recommitting and so on.Tools for fraud group of “Fake account” and “Fake phone number” derived from gradually universalization of network communication,and successively privation of domestic finance and telecom without establishing strict audit mechanism,which is the cause.The corresponding cross-strait mutual legal assistance agreement has positive impact for Taiwan and mainland to prevent telecom fraud together,to effectively establish a platform for cross-strait cooperation against crime and safeguard the rights and interests of people and order of communication on both sides.The second is analysis from empirical aspect.Making overall comparison from statistics of recent years,starting from analysis of current situation of cross-strait mutual criminal justice relief and examples of cross-strait cooperation against crime,we make a rough summary of the characteristics of the development of cross-strait telecom fraud,such as strong concealment,fine way of crime.Then we predict that the entire crime development trend will move in the direction of upgrading means of crime and young composition of criminal gang.The third is analysis from aspect of problems,which is exploring the issues of cooperation,convergence and interregional justice in cross-strait mutual legal assistance aroundtelecom fraud,such as separation and difficulties of investigation,improper punishment,existing recidivism and so on.The last is conclusion from aspect of solutions,that is making a study of how to effectively carry out mutual legal assistance and establish appropriate mechanism for cross-strait mutual legal assistance,including building cross-strait mechanism of investigation with reporting on Cloud,expanding the scope of cross-strait mutual legal assistance,improving cross-strait assistance mechanism of pursuit of escape and payment,strengthening telecom regulatory mechanism of cross-strait communication and so on.