Study On The Difficult Problems Of Joint Criminals Of Telecom Network Fraud

Telecommunications network fraud is a new type of fraud that is different from traditional fraud caused by the development of computer technology,telecommunications technology and network technology.It has been alienated on the basis of traditional fraud.Due to the virginity of cyberspace and the diversification of fraudulent means,fraudulent gangs can quickly gather together in a short period of time,resulting in a surge in the number of joint crimes and the scale of criminal organizations.A gray-black industrial chain is more harmful than traditional joint crimes and disrupts social order.China's criminal law does not provide for the joint crime of Telecommunication network fraud,under the severe situation,"the Ministry of Public Security,the Supreme People's court and Procuratorate " issued by the "opinion" in 2012 on the basis of the judicial interpretation of telecommunications network fraud to standardize the issue of telecommunications network fraud joint crime.Although judicial interpretation is predictive and can solve the current problems to some extent,it is limited to the urgency of its introduction,the situation,it is difficult to define the subjective aspects of the common crime of new telecommunication network fraud,and it is difficult to expound the legal principle behind the legal provisions.Under the background of opinions issued by "two high schools and one high school",this paper combined with judicial cases in the past two years and based on judicial practice,studied several prominent problems in the joint crime of telecom network fraud.The first chapter of this paper introduces the concept and form of joint crime of telecom network fraud.The concept is mainly combined with the concept of telecom network fraud and joint crime to analyze the concept of telecom network fraud joint crime.In the form of expression is divided into parallel and division of labor in the form of expression.Then it analyzes the characteristics of the common crime of telecommunication network fraud,which is different from the traditional fraud,that is,the corporate and group-based crime mode,the non-contact characteristics and the more concealed features of the crime.The second chapter is about the research on the identification of the master and subordinate of the joint crime of telecom network fraud.Based on the analysis of three relevant cases in the past two years,it is revealed that there is a great controversy on the criterion of identification of principal and subordinate criminals of joint crimes in judicial practice.Then combined with the case and theory of telecommunications network fraud master and accomplice to identify the criteria for discussion,first combined with the characteristics of the master and accomplice to identify the principal and accomplice respectively,and then combined with the case to adhere to the integration of a fraud in a link and the role of the whole criminal gang to identify.Finally,it puts forward the proposal to improve the criteria for identifying the principal and the accomplice,that is,according to the hierarchical structure of the fraud gang,the principal and the accomplice of the joint crime,the accomplice of the accomplices who have been dealt with in different cases and the different cases,and the concept of adapting to crimes and punishments Under the active division of the main offender and accomplice.The third chapter is about the research on the determination of the amount of joint crime of telecom network fraud.Starting from two judicial cases,this paper reveals that there are disputes about the theory of determining the amount of accomplice in judicial practice and the criterion of judging evidence review.On the standard of determining the amount,the author insists that the total amount involved in the joint crime should be taken as the standard of determining the amount.At the same time combined with cases and relevant judicial interpretation to discuss.The fourth chapter is about the identification of telecom network fraud to help withdrawals constitute a crime of fraud joint crime research.Starting from two related cases,it reveals the difficult problem in the judicial practice that the help of the withdrawal behavior constitutes a common crime of fraud,which is essentially a question of the constituent elements of the common crime of helping the withdrawal of fraud.This paper analyzes the constituent elements and takes "out of control theory" as the criterion for the accomplishment of the crime of fraud.Insisting that the act of withdrawal constitutes a joint crime of fraud should have causality with the result of the principal offender and should take "collusion in advance" as the necessary condition.The author interprets "knowing clearly" and "conspiring" in the judicial interpretation,and reveals that "knowing clearly" is mainly applicable to the professional depositors who know each other before the completion of the judicial interpretation.