Research On Electronic Evidence In The Criminal Fraud Of Telecommunications Network

In recent years,contactless fraud crimes carried out by means of mobile phones,fixed phones,Internet and other means of communication and modern Internet banking technology have become more frequent and seriously infringed on the safety of life and the legitimate rights and interests of the people,especially since 2016,The death of Xu Yuyu,a female college student in Shandong Province,and the deceiving of a professor from Tsinghua University to tens of millions of yuan have had an extremely bad impact.According to reports,in 2016,public security organs across the country cracked 7682 telecommunications fraud cases,destroyed 8107 fraud sites,and solved 83,000 cases,an increase of 49 over the same period last year..6%.The tentacles of swindlers have been extended to all parts of the country,and the new type of illegal crime in telecommunication network has become a prominent problem of public security and a public hazard of the society.Telecommunications fraud crime is a new type of high-tech crime,criminal behavior,criminal tools and criminal results,not only intertwined together,but also involves telecommunications,banks,Internet companies and other institutions and departments,so the relevant evidence is not properly handled.It will also bring obstacles to the investigation,evidence collection and characterization of the case.If the partial absence of relevant evidence is extracted,the incomplete chain of evidence will make it possible for some suspected telecommunication fraud criminals to escape attack and deal with it,and it will also lead to investigation.The investment of handling the case is big,the output is little,form to investigate the resource of control.In China,the current research literature on telecom fraud crime mainly focuses on the attack,prevention and treatment of telecom fraud crime,and the research and application of the relevant evidence of telecommunication fraud cases from the perspective of banks and other financial institutions,and the research and application of the related evidence of telecommunication fraud cases from the perspective of banks and other financial institutions.For example,how the banks cooperate with the collection,fixation and preservation of the case-handling organs,and how to obtain evidence in confidential facilities such as bank accounts,teller machines and the Internet,How to use the withdrawal,the last link of telecommunications fraud to lock down criminals and so on is in the state of exploration.In this paper,the characteristics and manifestations of electronic evidence of telecommunication fraud involving banks are discussed.In the light of the major cases of telecommunication fraud in recent years and the cases of work practice,it is studied and analyzed in four aspects: type,fixed preservation and examination and application.It is expected to play a guiding role in the fight against the crime of telecommunication fraud by the case-handling agencies and banks.