Font Size: a A A

Research On Difficulties Of Criminal Justice Application In Telecom Fraud Crime

Posted on:2020-12-08Degree:MasterType:Thesis
Country:ChinaCandidate:H W RenFull Text:PDF
GTID:2506306308951979Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Telecom fraud crime is different from traditional fraud crime.Firstly,it adopts the non-contact method and uses the information dissemination tool to carry out the fraudulent behavior of unspecified objects,which brings difficulties on the identification of such crimes.Secondly,due to the particularity of this type of crime,it has a certain impact on the relevant theories of traditional fraud crimes,and it has caused many controversies in the legal profession.The essay studies from the perspective of the application of telecom fraud criminal justice,draws the idea of solving practical problems and hopes to help the identification of telecom fraud crimes in practice through the comparison of relevant typical cases,the combing and evaluation of academic theoretical controversy.The main controversy of telecom fraud crime is the definition of its concept,the standard of crime and non-crime,the victim's disciplinary awareness and the help behavior of joint crime.First of all,the telecom fraud crime is summarized as:the perpetrator intentionally defrauds others of a relatively large amount of public or private property by means of making up facts or concealing the truth and using electronic and mobile communication technologies and Internet communication tools.Thus,according to the current criminal law,we can see that telecom fraud crime is not independent,but a summary edition to fraud criminal behavior.Secondly,for the criminal composition of telecom fraud crime,we pay much more attention to the object elements and objective elements.As to the object elements,it is considered that it should be elaborated on both the ought to be and the actual level.On the actual level,it is believed that the criminal object of telecommunication fraud crimes should be the ownership of public and private property;from the perspective of the intention,in the crime of telecommunication fraud,property rights should still be the main criminal object,and the citizen's information right is the secondary object.On the issue of the victim's disposition awareness,it is concluded that the telecom fraud crime still needs to be disciplinary through the comparison of the case display and the doctrine.Subsequently,in view of the unfinished form of telecommunications fraud crimes,we first proceeded from the judgment criteria of the "tackle" of the perpetrators,and then clarified the standards for the unsuccessful telecommunication fraud crimes.Through the analysis of academic theory,it is believed that the standard of distinction that has not been overcome should be based on "out of control".Finally,on the issue of the help behavior of telecom fraud and joint crimes,it mainly studies three kinds of help behaviors:"neutral" help behavior,professional help behavior and operator's help behavior.
Keywords/Search Tags:Telecom fraud crime, Crime constitution, Victim's disposition consciousness, Out of control theory
PDF Full Text Request
Related items