The Legal Governance Of The Crime Of Telecommunication Fraud

Telecom fraud cases are the "cancer" of the development of modern information economy,which has seriously affected the financial order and social stability,and brought severe challenges to the people's information security and financial security.Strengthening the legal governance of telecom fraud cases has important practical significance.This paper analysis from the current situation,talks about the concept of telecom fraud crime with the basic status of the case,reveals the main characteristics of telecom fraud crime,and combines with common telecommunications fraud means,points out that the three major difficulties of its legal governance and targeted put forward the legal governance of telecom fraud crime of inside and outside the collaborative recommendations.The first part of the paper mainly explains the definition of telecom fraud crime in this paper,describes the basic status and main characteristics of telecom fraud crime cases at present.This part believes that the crime of telecom fraud refers to the crime of obtaining property by means of making up facts or concealing the truth with the purpose of illegal possession and non-contact means such as communication or network.Telecom fraud crime presents the given priority to with traditional way of randomness of telecom fraud,fraud cases had emerged in some parts of precision telecom type,on telecom fraud crime group internal structure,step by step instead of parallel evolution for the "pyramid" model,simplified structure of criminal counter-countermeasures keeps increasing,the public security department investigation difficulty increase,gradually appeared the use of new technologies for fraud of the present situation of the new telecom fraud cases.At the same time,the characteristics of the crime of telecom fraud are obvious,which mainly include the non-contact of the crime mode,the non-specificity of the target,the organizational rigor of the criminal group,and the diversity of the crime means.The second part of the paper reveals the common telecom fraud means and legal governance difficulties.Commons are mainly related to the bank of telecom fraud means,and related stock fraud means,related to loan the remittance of telecom fraud means,related to the winning of telecom fraud means,and telecommunications network related fraud means five types,such as telecom fraud crime legal governance difficulties focused on three aspects: application,entities,and the difficulties of collaborative governance.The third part of the thesis is the suggestion of internal cooperation of legal governance of telecom fraud.It mainly includes the coordination of legislation and law enforcement.The main suggestions are: to promote the separate accusation of telecom fraud crime,to promote the unified legislation protection of personal information,and to solve the difficulties in law enforcement of telecom fraud crime.The fourth part is the external collaborative suggestions on the legal governance of telecom fraud,including strengthening the legal supervision of the financial industry,namely,strictly implementing the regulations and systems of bank account opening,strictly implementing the banking transaction record keeping system,and establishing the financial transaction reminder system.Strengthening the legal supervision of the telecommunication industry,that is,fully implementing the real-name telephone system and strengthening the supervision of network communication tools;Strengthen the protection of personal information in financial and telecommunication sectors.The fifth part is the example of legal governance of telecom fraud: Ningbo anti-fraud center,the paper points out the purpose and function of establishing anti-fraud center,explains the operation mechanism of Ningbo anti-fraud center,and summarizes the two collaborative experience of Ningbo anti-fraud center.