Research On Criminal Law Application Of Telecommunication Network Fraud

In modern life,the development of network technology gives the life of people more convenience,and it also brings some bad effects to people,one of which is telecommunication network fraud.In order to deal with the crime of telecommunication network fraud,in 2016,the Supreme people’s Court,the Supreme people’s Procuratorate and the Ministry of Public Security jointly issued the opinions on the Application of Law in Criminal cases such as Telecommunication Network Fraud,therefore,in judicial practice,it provides a great reference for judges to hear cases,but in the application of criminal law,there are serious problems.This dissertation is divided into three parts,the first part is the current situation of criminal law application of telecommunication network fraud.The author analyzes160 judgments in Liao Ning Province and summarizes the current criminal acts of telecom network fraud.Up to now,the liability evaluation of telecommunication network fraud is still centered on the amount of fraud.And then,the evaluation elements of criminal responsibility in the present situation are analyzed.The second part that I summarized problems in the application by some typical cases.The first that the problem of legal benefits identification,and the different areas of judicial organs have different opinions,so there is deviation in conviction and sentencing.And so far,our country has not a standard of conviction and sentencing.Next,about in the common crime,there is a very big dispute about the principal and accomplice.The following is an analysis of the amount of fraud,including the amount of attempted fraud and the amount of the crime committed there are differences and the amount of non-execution of the lack of basis.Finally,there is a lack of rationality in the specific sentencing rules in the opinions issued by the two high schools in 2016,and the lack of clarity in the opinions on the legal punishment and the declaration of punishment.The third part is to improve the issues that mentioned above.First of all,the legal interests should be clear and grasp the rank of legal interests.On the problem of joint crime,we can use the theory of accomplice subordination to analyze,distinguish the principal and subordinate offenders according to the judicial determination rules and normalize the amount of fraud.About the amount of fraud,it can divided into two parts: performing offence and non-performing offence.It is necessary to determine the time node of the fraud perpetrator’s actual control of the money,and then to identify the amount of fraud.Finally,with regard to the perfection of sentencing in opinions,the author suggests that the specific rules should be formulated to embody the fair sentencing,and that the judgment should be made in combination with the actual situation and retrograde.