The Amount Of The Crime Of Telecommunications Fraud Network Dilemma And Countermeasures

Telecommunications fraud network has increasingly become a major social cancer endangering people's property rights and interests of the people and even life interest,not only for the people's property a serious threat to security,but also eroding the social credit system.Although authorities regard the introduction of appropriate judicial interpretation,to make provision for the corresponding forms of crime telecommunications network of fraud,criminal association and common crime,however,the provisions of the content is limited,and with the development of the means of fraud and network communication technology updates,telecommunications fraud network has some new forms,there are many problems in practice judicial determination.Telecommunications network is a typical amount of fraud committed,usually they belong to complex common crime,finds that the amount of crime more difficult and complicated.Based on the amount committed under the guidance of the theory of the amount of the Crime,on the basis of the amount of fraud telecommunications network classification,found that the amount of the Crime of telecommunications fraud network presence is difficult to clearly define the amount consummated,the amount and the actual amount of crime directed at crime attempted fraud difficult to choose form,within the bank card money involved is difficult to define the nature,and the introduction of criminal and non-Perpetrator amount of fraud is difficult to identify,and many other difficulties.These difficult problems at present there is a lot of controversy in the academic community,in judicial practice in different courts also apply that standard does not make sense,become a judicial practice reflects strong trial problems.In order to perform accurate and crack down on such a special type of property crime,systematic study of these difficult problems and propose effective countermeasures is particularly necessary.By systematic research,the author thinks,finds that the amount of consummated first need to clear the perpetrator of the fraud scams actual amount of time to obtain control of the node,on the basis of clear fraud consummated the time node,thus accurately determined amount of fraud consummated;Crime should be clearly identified and point to choose the amount and the actual amount of crime under the form of attempted fraud,accurately distinguish between intentional and deliberate fraud on a clear generalization fraud.Perpetrator intentionally to clear fraud case,respond to the actual amount of fraud and fraud amount to distinguish identified.Perpetrator intentionally summarized fraud case,whether there should be divided into two cases the actual amount of fraud were identified;Simultaneously,in order to protect the interests of the accused,the nature of the bank card money should be strictly defined,invert the rules applicable to the burden of proof to be identified and justified.The implementation of the amount found guilty of fraud in the organization,it should be found guilty on the basis of the implementation to determine the contribution of causality range depending on the mode of cooperation;Fraud organization guilty of non-implementation of a wide range of,should their status in the organization,depending on the implementation of fraud committed,the role of size objective basis to identify respectively.In short,telecommunications fraud network of new forms of such crime,single amount of crime that standard is difficult to avoid its inherent limitations,therefore,the amount of crime with this multi-criteria identified more rational and practical way,and be able to reflect the principle of criminal culpability adaptation.