Research On Criminal Law Regulation Of Fraudulent Crime By Telecommunication And Network

In recent years,the fraudulent crime by telecommunication and network is rampant day by day,whose means and ways are renovated constantly and which have posed a great threat to people's property security.Various departments and trades have issued various policies and measures to actively prevent and combat such criminal activities and have achieved certain effects.To punish correctly and effectively fraudulent crime activities by telecommunication and network,the Supreme People's Court and the Supreme People's Procuratorate have promulgated a specialized judicial interpretation to make a series of special and more detailed regulations on such cases.From the perspective of criminal law regulating,this paper discusses how to accurately identify and punish the fraudulent activities by telecommunication and network.The article analyses and discusses the problems existing in legislation and judicature and their causes.Finally,some corresponding countermeasures are put forward.In addition,because the fraudulent crime by telecommunication and network is a relatively new type of fraud crime,which is quite different from the traditional fraudulent crime.To prevent and combat it not only requires the legislative and judicial organs to regulate criminal offences,but also must move forward the prevention barrier and release the scope of the fight.Only in all aspects can it be possible to curb the emergence and development of such crimes from the source.Therefore,the research contents of this paper mainly include the following aspects:Chapter one: An overview of the fraudulent crime by telecommunication and network,mainly introducing the origin,concept definition,current situation,characteristics and hazards of t the fraudulent crime by telecommunication and network,and response to various departments in China from four aspects: establishing a ministerial-level meeting system,promulgating relevant laws,regulations and policies,establishing anti-fraud centers in various places,and carrying out various special actions.This chapter summarizes the various measures taken to deal with the fraudulent crime by telecommunication and network.Chapter two: Summary of the Criminal Law Provisions related to Punishing the fraudulent crime by telecommunication and network in China,and Analysis of the Problems in Criminal Legislation in China and Suggestions of coping with these problems.Chapter three: the study of the judicial determination the fraudulent crime by telecommunication and network,the analysis and study of these problems existing in judicial practice from three aspects: behavioral nature;joint crime;related crime,and the suggestion of coping with these problems.