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Research On Some Controversial Problems Of Telecom Network Fraud Crime

Posted on:2021-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:N GaoFull Text:PDF
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Recently,the network fraud crime is increasingly rampant at the use of communication tools,Internet and other technologies,and most of them are joint crimes.It seriously infringes upon the people's property safety and has great social harmfulness.Meanwhile,the number of cases filed in judicial practice is also increasing.Although there are relevant legislative and judicial provisions on telecom network fraud crimes,there are still some controversial problems in the specific application of judicial practice.This paper finds that the current difficulties in combating the new crimes of telecom network fraud mainly focus on the problems of accomplice in telecom network fraud,the difficulty in determining the amount of crime,the determination of the number of crimes associated with some crimes,and the distinction.Because with the continuous upgrading of such criminal means,compared with the traditional fraud crimes,the criminal ways of this kind of crime are hidden,and sometimes the participants do not know each other,which is obviously inconsistent with the traditional requirements for the subjective knowledge of joint crime.Therefore,as for whether some important actors in telecom network fraud can constitute the joint crime,the article discusses the most controversial person in order to withdrawal the in-depth discussion.In addition,this kind of crime has a clear division of labor,a long criminal chain,and different people will participate in different stages to provide help for the operators of telecom network fraud,which greatly increases the probability of the success of telecom network fraud,so that in practice this kind of crime benefits a lot and the amount determination has also become more complex and difficult.However,the role of each participant is not the same,and the amount involved in the telecom fraud crime is often large,which makes the situation more complex and brings a lot of difficulties for the handling of telecom fraud cases.Based on this,this paper takes the prominent problems of law application in practice as the starting point,by combining with specific cases in practice and conducting a research on them.The author thinks that when affirming whether helping to withdraw money can constitute an accomplice of telecom network fraud,we should correctly grasp its subjective mentality,and reasonably limit its content and degree of subjectively knowing.When determining the amount of a crime,we should pay attention to the difference between the attempted crime of fraud and the traditional amount determination standard,then the paper discusses how to determine the amount of crime the circumstances of both attempted coexistence.In a word,it is necessary to comprehensively consider other factors of the case on the basis of the facts of the case.reasonably grasp the range of sentencing the crime of the crime is appropriate,do not omit evaluation do not repeat evaluation.In the fight against related crimes,although the punishment should be heavier to increase the intensity of the fight,but also correctly choose the applicable basis,pay attention to the determination of the number of crimes.In detail,the reasonable grasp of the range of sentencing can contribute to achieve the responsibility of punishment,and not to omit the evaluation,not to repeat the evaluation.In the fight against related crimes,we should pay attention to not only be heavier to increase the intensity of the fight,but also to correctly choose the applicable basis and the number of crimes.
Keywords/Search Tags:Telecom network fraud, Joint crime, The amount of the crime, The judgement for crime numbers
PDF Full Text Request
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