Judicial Determination Of Assistance In Withdrawals In Telecommunications Network Fraud

In recent years,the use of the Internet,SMS,telephone and other different ways,through the fiction of various facts,such as "lottery winners","prize collection","phone arrears","credit card consumption" and other situations and means,the fraud point at different people is increasing.It is lead to a large extent infringed on the legitimate interests of vast majority of people.And at the same time,these fraudulent acts have also had a serious negative impact on the whole society.Telecom network fraud is to use of the residents' unfamiliarity with the network and the credulity psychology,so that the victim has a wrong understanding,and lead to the wrong disposing of their property,and ultimately lead to the huge property losses and spiritual losses.Although the crime of fraud is clearly stipulated in the Criminal Law,it is not clearly stipulated the crime of fraud in telecommunication network.And There are differences between academic and judicial practice in the identification of helping withdrawal act in telecommunication network fraud.This article mainly studies from the angle of helping withdrawal behavior in the Internet network fraud.The content divides into three parts:firstly,expatiate he telecommunication network fraud briefly,and expound the understanding and application of relevant judicial interpretation.And analyse the cases of different judgments of helping withdraw act in the telecom network fraud.Secondly,among the objective factors in helping withdrawal act,it shows the relationship between helping withdrawal act and telecom network fraud.Then it discusses the influence on the identification of helping to withdraw money by participating in the crime of telecom network fraud at different time points and whether the telecommunication network fraud is accomplished or not.Finally,it expound how to identify the subjective intent of the criminals of telecom network fraud and the helping withdrawal people.