Study On The Form Of Joint Crime And Criminal Responsibility Of Telecommunication Network Fraud

In recent years,the crime of telecommunication network fraud has become increasingly rampant,which has a great impact on people's lives.The precise fraud methods of telecommunication network fraud get more people cheated.Telecommunication network fraud is mostly committed by gangs and groups.It usually has a strict organizational structure.It is easier to obtain the victim's trust by cooperating with each other in the division of roles,which is more harmful to society than general fraud.The harm also stems from the more specialized means of crime fraud,forming a huge industrial chain.As cracking down on telecommunication network fraud on a large scale,the number of cases filed by courts has also increased.Telecommunication network fraud cases are mostly joint crimes,involving many people,and related crimes are also involved.Therefore,it is difficult to convict and sentence the defendants of telecommunication network fraud crimes.The cognizance of joint crime of telecommunication network fraud crime is analyzed from the whole chain and the process of crime implementation.There are two main problems: one is the problem of responsibility identification of criminal groups and the division of roles within the gangs in the stage of telecommunication network fraud implementation,and how many criminal results and amount of fraud individuals are liable for the fraud;the other is the conduct and aspect of telecommunication network fraud.Whether the downstream crime constitutes a joint crime or not is related to the identification of the charges of the downstream and downstream crime of telecommunication network fraud.Five typical cases of telecommunication network fraud are selected to analyze the forms and roles of accomplices in fraud organizations and the fraud accomplices in the upstream and downstream industrial chains.Firstly,this paper summarizes the joint crime of telecommunication network fraud,probes into the connotation of the joint crime of telecommunication network fraud,and defines the joint crime of telecommunication network fraud.Through the report and research,we can find the origin of the joint crime of telecommunication network fraud,and analyze the current situation and future development trend of the joint crime of telecommunication network fraud in China from the existing data.The development of this kind of crime has not been effectively curbed,and its professionalization,industrialization and other development trends will still cause great harm to our society.The existing telecommunication network fraud is basically carried out in the form of joint crime,and the diversity of its accomplice structure makes the identification of criminal responsibility of accomplice complex,which can not be generalized.After that,this paper studies the forms of accomplices in telecommunication network fraud.From the organizational structure of accomplices,existing fraud organizations can be divided into fraud groups and fraud groups;from the way of association of the members of accomplices,the role division can be divided into vertical division and parallel division of labor;from the industrial chain of upstream and downstream,a complex form of accomplices in fraud has been formed.Finally,this paper studies how to correctly identify the liability of accomplice under different forms of accomplice.In the actual judgment,the identification of principal offender,accessory offender and coerced accomplice has different standards because of the different fraud methods and organizational forms.Each accomplice member is responsible for the results of the crime,and how to determine during the participation period,is responsible for the fraud results of the entire criminal organization or only for their own.Combining the five cases and the suggestions of "Opinions on Several Questions of Applicable Law in Handling Criminal Cases such as Telecommunication Network Fraud",the author distinguishes the role of accomplice from the scope of criminal responsibility in different forms of organization,role division and the form of accomplice in upstream and downstream industrial chain.