Research On Difficult Problems In Judicial Practice Of Telecom Network Fraud Crime

The development and progress of science and technology has brought great convenience to people's work and life.People can realize various transactions,obtain or publish various types of information through the Internet,and at the same time,it has also brought about an endless phenomenon of cybercrime.Telecom network fraud is a new form of crime combining traditional fraud crimes with modern network information technology.Such crimes have novel behaviors,diverse means,strong concealment and high deception.There are also many problems in judicial practice.Whether the telecommunication network fraud crime constitutes a crime of fraud in criminal law needs to be further distinguished.In practice,telecommunication network crimes with a “deceptive” shape are often identified as fraud crimes,and this approach needs further discussion.In addition,in practice,there are different approaches to whether professional cashiers constitute an accomplice in the crime of fraud.There are also special groups that provide help behaviors,and the characterization of their behaviors is not completely consistent.This article makes an in-depth analysis and analysis of the above issues.The demonstration includes the following four parts:The first part is an overview of telecommunications network fraud crimes.It mainly analyzes the concepts,status quo,and characteristics of telecommunications network fraud crimes,and sorts out the relevant laws and regulations in China.The second part discusses the issue of judicial identification of telecommunication network fraud crimes.Through the guidance cases published by the Supreme People's Court,it analyzes the significance and identification methods of "discipline awareness" in identifying fraud crimes;by distinguishing between telecommunication network fraud and other related crimes,it further Be clear about what is special about their behavior.The third part analyzes the common crime of telecommunication network fraud crime.Looking at the case,we can see that the crime of telecommunication network fraud often involves multiple people's joint crimes.When identifying the master and the slave,it is often difficult due to the complex situation in reality.This article analyzes the theory of accomplices,and combines the gist of judicial adjudication in difficult cases,especially some special groups,such as underground money houses,network communication platforms,etc.,specifically discusses whether multiple subjects constitute a common crime and what responsibilities should be assumed.The fourth part explores the problem of determining the amount of fraud in telecommunications networks.This paper analyzes the advantages and disadvantages of different viewpoints in the determination of the amount of fraud in telecommunication networks.This article mainly analyzes how to determine the amount of fraud in each actor in the common fraud crime,which is also a difficult problem in practice.