Research On Several Evidence Issues Of Telecommunications Network Fraud Crimes

In recent years,telecom network fraud crime has sustained high incidence,using of fixed telephone,mobile phone and other communication tools as well as online banking,Alipay,WeChat payment and the third party payment platform.This not only caused huge losses to the people,but also disrupted the order of the market economy,which is a really public nuisance.Compared with other types of crime,the telecommunications network fraud crime has the characteristics of remote non-contact,high technology content,large span of time and space,strong concealment,strong organizational confrontation and so on.Thus,the evidence of a crime not only face the problems of difficulty evidence in the investigation stage,but also encountered the difficulties in the trial stage.In the background of the current telecom network crime under heavy attack,will affect the deterrent effect of criminal telecommunications network fraud,has become an urgent legal problem.In judicial practice,first,the using of legal evidence system and the pursuing of absolute "objective reality" are influenced by the traditional concept of proof;Second,the traditional "from confession to evidence,evidence investigation mode one",is too dependent on "confession";third,adhere to the concept of the "integration of conviction and sentencing",criminal evidence rules define the standard of proof of identify the facts of the case as unity as "the evidence is reliable and sufficient",does not distinguish between facts of conviction and sentencing facts,and the proof standard is too high,it is difficult to achieve in judicial practice.Based on the review of domestic and foreign relevant legislation and theory,combining with judicial practice,explore the telecommunications network fraud cases in the investigation of problems,the system of free proof application,change dependent confessions forensics model and the standard of proof and so on,from two aspects of theory and practice.Be based on the evidence system of internal logic analysis,put forward the theory of abstract proposition and make some academic exploration and theoretical innovation,in order to make a useful exploration of path which can breakthrough telecommunications network fraud crime evidence.Besides the introduction and conclusion,the thesis is divided into three parts.The first part focuses on the analysis of the basic theory of telecom network fraud crime evidence,including its types and characteristics and the application of relevant rules.The second part mainly analyzes the main problems in the investigation stage and trial stage.The third part claim the suggestions on perfecting telecom network fraud crime evidence.By enhancing the consciousness of litigation investigators from the level of legal awareness,not only rich the using of telecommunications network fraud criminal evidence theory,but also improve the legal environment of telecommunications network fraud crime evidence application and judicial practice environment,through the aspect of operation,the use of appropriate to allow the system of free evaluation of evidence,and confession dependence,strengthen the indirect evidence collection,improve the standard of proof and other strategies.It is hoped that the research of this paper can be used as a reference for the improvement of the evidence system of China's telecommunications network fraud crime.