Research On The Identification Of Telecommunication Network Fraud Crime

The telecommunication network fraud that originated in Taiwan for the first time has not only caused great damage to the property rights of citizens in decades.Moreover,it has also exerted a strong impact on the information security interests of citizens,which has led to a series of negative social consequences.Combined with the characteristics of the crime of telecom network fraud,the crime of telecom network fraud is defined as "the behavior of defrauding large amount of public or private property by fabricating facts or concealing the truth with remote and non-contact communication technology for the purpose of illegal possession".The infringement is a compound legal benefit,including the victim's property rights and the state's right to manage communications information.In practice,when the telecommunication network fraud crime is applied,it is clear that the amount is huge and particularly huge,and the circumstances are serious and the circumstances are particularly serious.It is not a component of aggravation,but a rule of sentencing.The statutory penalty can only be chosen according to the amount of the shackles,and the facts of the attempt are treated as sentencing.When dealing with telecommunication network fraud and joint crimes,to measure the same case,it is necessary to unify the sentencing standards of the principal and the accomplice,choose to uniformly standardize according to the amount,or choose to uniformly follow the plot standard.When determining the form,it shall be uniformly punished according to the standard of the two,or uniformly punished according to the standard of the attempt.This will help to deal with the case fairly,without causing an imbalance in sentencing,and the sentence of the accomplice is heavier than the principal.In the telecommunications network fraud group crimes,the planners,recruiters/trainers know that the other party is providing a "criminal script" or recruitment training service for the purpose of implementing telecommunication website fraud crimes.This behavior is considered to be equally important in the entire telecommunication network fraud.An important part of the fraud group is the accomplice.The operator should be responsible for fraudulent acts based on actual evidence and analysis of the meaning of contact,common fraud,and distribution of funds among members.The crime of helping the withdrawal behavior must be determined in two steps.Firstly,according to the subjective and objective aspects,it is divided into whether the behavior of helping the withdrawal is a terrorism crime.The second step is to judge whether the simple help withdrawal behavior is before or after the telecommunication network fraud crime.Finally,the falsification of the crime of telecommunication network fraud committed by the staff of the state organs should be applied to the theory of imaginary competing crimes.It can avoid the disadvantages of applying the special law to the common law principle,and solve the applicable drawbacks of the lawsuit and the better maintenance.The principle of unanimity of crime.