A Preliminary Study On The Method Of Sampling Forensics In Cases Of Telecommunication Network-related Fraud

With the continuous development of the information age,the means of telecom network fraud are also increasing,and the social harm caused by this is huge.On December 19,2016,China's supreme people's court,the supreme people's procuratorate and the ministry of public security issued opinions on the application of the law on the application of criminal cases such as telecom network fraud.The opinion,according to the characteristics of the telecom network fraud crime,should stick to the whole chain all-round,adhere to the fast action to punish strictly in accordance with the law and adhere to the maximum strength and recover stolen money or goods in damage to the greatest extent,to further improve the working mechanism,strengthen coordinated,resolutely effectively curb telecom network fraud crime activities,efforts to achieve a high degree of unity legal effect and social effect.With the evidence review difficult present situation,this paper tries to build a complete set of telecom network faud criminal evidence system,in order to break through the telecom network fraud case,so as to effectively curb the telecom network fraud crime.This paper is divided into five parts.The first part gives a basic overview of the crime of telecom network fraud,including the concept and characteristics of telecom network fraud,and the evidence of telecom network fraud.The second part analyzes the 2011 to 2016,50 cases of telecom network fraud cases as sample,for telecom network in the form of "sampling forensics" comprehensive analysis on the cause of the fraud crime forensics difficulties;The necessity of the third part introduces the sampling forensics,concrete from that the amount of the limited resources,telecommunications network fraud,the relevance of evidence and the cost and efficiency of the four angles is analyzed,and combined with the modern information era,put forward the sampling type forensics has become the Internet or an inevitable trend in the development of big data;The fourth part analyzes the relationship between the sampling evidence and the proof of the proof and the proof standard.The fifth part elaborates the core viewpoint of this paper,namely that China needs to establish the sampling and forensics system of telecom network fraud.The specific content is:in the case of the telecom network fraud crime,all the evidence proves to be difficult,can take sampling evidence to collect evidence;The sampling evidence shall be carried out by the investigation organ to the third party;The sampling method should adopt the combination of random sampling and stratified sampling,strictly abide by the specific procedures and give the suspects a certain right of relief.