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Research On The Identification Of Joint Crime Of Telecommunication Network Fraud

Posted on:2022-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y GaoFull Text:PDF
GTID:2506306476978479Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Telecommunications network fraud crime is a new form of fraud crime in the Internet age.Compared with traditional fraud,telecommunications network fraud involves a wider range of cases,a larger amount of money involved,and more serious consequences.While causing huge losses to the people's property,it also poses a serious threat To improve social stability.From the perspective of joint crime identification,this article uses typical practical cases as the starting point to extract controversial issues,focusing on the conditions for the establishment of joint crimes by different criminal organizations,identification of the principal and accomplice of the criminal group,and the determination of upstream and downstream assistance behaviors.Put forward ideas to solve the problem,in order to provide assistance to judicial practice departments in handling such criminal cases.The first part is the introduction of this article.On the one hand,it is an introduction to the writing background and meaning,and on the other hand,it is a review of the academic research results on the crime of telecommunications and network fraud.The second part is the elaboration of the establishment conditions of the joint crime of telecommunication network fraud.According to the principle of unity of subjective and objective,the establishment of joint crime of telecommunication network fraud objectively shows that the actor jointly implements the fraud.Among them,the behavior of the participants needs to have the characteristics of telecommunication network fraud crime,the implementation behavior of the principal offender conforms to the criminal structure of fraud crime,and there is a causal relationship between the behavior of each participant and the final result;Subjectively,they have the common intention of fraud,that is,the participants need to have "knowledge".The third part mainly discusses the identification of principal and accomplice in the joint crime of telecommunications network fraud.Firstly,through typical cases,the difficulties in identifying the principal and accomplices of joint crimes are extracted;secondly,the reasons for the identification difficulties are analyzed;and finally,the ideas for identifying the principal and accomplices of joint crimes of telecommunications and network fraud,drawing on the relevant theories of the theoretical circle and the usefulness of judicial practice Experience,combined with the basic principles of the criminal law to reasonably determine the overall responsibility of the criminal organization and the status and role of each member of the criminal organization.The fourth part explores the issue of determining the amount of common crimes of telecommunications network fraud discuss.Through typical cases,the difficulty in determining the amount of such crimes and the disputes in judicial practice are extracted,mainly around the doctrine of determining the amount of joint crimes and the method of determining the amount of the "Opinions".The fifth part discusses the nature of the behavior of helping withdrawers outside the telecommunications network fraud criminal group.Helping with withdrawals is the final step for criminal groups to achieve their illegal purposes.However,in judicial practice,the determination of the nature of help is not uniform.This chapter sorts out the focus of controversy in the determination of the nature of help withdrawing,and points out that the completion of the crime of fraud is the determination of the nature of the behavior key point.The sixth part is the analysis of the punishability of intermediary platform operators.On the surface,the technical support provided by the intermediary platform operator is neutral and harmless,but when certain conditions are met,the nature of the behavior of the intermediary platform operator evolves into an aid to crime,and thus has a legal interest infringement.And illegality,the focus of this chapter is to explore what conditions are met when intermediary platform operators are punishable.
Keywords/Search Tags:Telecommunications network fraud, Joint crime, Identification of principal and accomplice, Assistance in withdrawals, Intermediary platform operating behavior
PDF Full Text Request
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