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Research On The Identification Of Joint Crime Of Network Fraud

Posted on:2020-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:T LiuFull Text:PDF
GTID:2416330578451045Subject:legal
Abstract/Summary:PDF Full Text Request
In today's era,it technology and the development of the Internet has entered the track of high-speed operation and development,of course,under the background of rapid development of the network,China's social economy,politics and culture are deeply affected by the network,all aspects of life and the network has an inseparable relationship.Information network technology in the continuous convenience of people's lives at the same time,as a double-edged sword,but also bring bad impact.For example,some people will use the network to carry out fraud,so that people's legitimate interests are damaged,damage the economic stability of society,but also to the good management of the network has an impact.In addition to this,the joint crime of network fraud is a new type of network crime derived from the continuous application of the network.The joint crime of network fraud is a new manifestation of network fraud in the era of network development,which can not be regarded as a new and independent type of crime,and it is still the use of network in the implementation of crime.However,China's existing laws have not yet fully regulated the crime of cyber fraud,and now only 2011 years of "two high" in our laws on the interpretation of the specific application law of criminal cases of fraud,there are some more specific provisions on the crime related to network fraud,This has also become the main basis for dealing with the crime of network fraud.And most of the joint crimes of network fraud are only used in practice in the light of the relevant provisions of joint crime combined with the criminal law provisions of the crime of fraud,so,in the judicial practice,how to better solve the network fraud joint crime cases,but also encountered some more difficult problems.This thesis mainly through four aspects to the network fraud Joint crime identification problem to carry on the research.First,it is to identify the one-sided accomplice in the joint crime of network fraud,first introduce the relevant cases,put forward the problems existing in the identification of the one-sided accomplice of the joint crime of network fraud,such as the dispute in the crime of simply providing network technology,whether the crime is intentional will affect the identification of one-sided accomplice,etc.Secondly,it is the identification of the principal accessory in the joint crime of network fraud,first introduces the relevant cases,puts forward the problems in the relevant identification,such as the dispute between the principal offender in the joint crime and other disputes from the difficulties,and the penalty of the neutral helping behavior of the operator of the intermediary platform,and finally puts forward the concrete identification method of the Communist Party Third,it is the identification of the criminal group established by the Joint crime of network fraud,first introduces the relevant cases,and puts forward the problems existing in the joint crime of network fraud as a criminal group,such as the accidental influence of crime determination in the network background,the technical influence of the network fraud behavior,people's judgment ability,etc.Finally,it summarizes the specific methods that the joint crime of network fraud can be identified as a criminal group.The other is to identify the amount of the joint crime of network fraud,first introduce the practice case,and then put forward the problems existing in the determination of the amount of joint crime of network fraud,such as the uncertainty of the crime object makes the amount of fraud difficult to determine,the criminal property is mostly virtual property,which leads to the difficulty of evaluating the real value In the joint crime,the defendant's commitment to the amount of fraud is unclear,and finally summed up the specific identification method of the amount of the joint crime of network fraud.
Keywords/Search Tags:Cyber Scams, One-sided accomplice, Principal accessory, Amount of fraud
PDF Full Text Request
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