Research On Criminal Law Regulation Of Telecommunications Fraud Crime

As a new type of fraud crime derived from network communication technology,the incidence rate of telecom fraud crimes has developed in recent years,causing tremendous damage to individuals and society.However,looking at the current criminal law criminal system,there is no crime to fully and appropriately evaluate such criminal behavior.Forcing it into the scope of application of the existing crimes not only does not solve the confusion of judicial recognition,but leads to many problems in practice.In view of this,in-depth analysis of the characteristics of telecommunications fraud crimes,it is particularly necessary to find a targeted "criminal law" regulatory path.This article will analyze telecom fraud crimes from four parts.The first part starts from the concept of telecom fraud crime,illustrates the existing main crime forms by combing the evolution of telecom fraud crimes,and summarizes the four characteristics of telecom fraud crimes,namely serious social harmfulness and multiple Legal infringement,professionalization of technical means and expansion of criminal subjects.The second part analyzes the problems existing in the legislative level from the perspectives of crime application and penalty punishment in the relevant provisions of the existing criminal law system in China and the provisions on telecommunication fraud crimes in other normative documents.The third part discusses the three aspects of crimes,accomplices and cessation patterns.First of all,it should be recognized as a guilty swindling,illegal use of information networks,pseudo base stations,three types of telecom fraud crimes,and infringement of citizens' personal information type telecom fraud is a special implicated offence of application and punishment;secondly,specific analysis of joint criminal behavior The identification of the subject and the subjective aspect of the analysis;finally,based on the position of the result of the crime,clearly defined that the standard of the crime should be controlled.The fourth part puts forward the perfect suggestions from two angles.The first angle is to separately legislate for telecommunication fraud crimes;the second is to improve the fraud provisions in a way that describes the provisions of telecommunication fraud without the legislative conditions.