| In recent years,with the rapid development of information technology and network technology,our life has undergone earth shaking changes.We are more and more dependent on information network.While we are using the Internet to enrich our lives,criminals are also using the Internet to commit crimes that are more difficult to prevent.Many criminals use the information network to carry out fraud,with the help of the non-contact characteristics of the information network.The forms of the crime of telecommunication network fraud are also various,which makes people unable to prevent.Telecom network fraud crime is different from traditional fraud crime.It can implement one to many fraud with the help of telecommunication network.The harm and radiation range of current network fraud has far exceeded the traditional fraud crime.At the same time,the emergence of telecom network fraud also brings new problems to judicial identification.The former telecom network fraud mostly used Gang style crime,there are many people,clear division of labor,mutual cooperation,at this time,how to identify the accomplices of criminal gangs is particularly difficult.Therefore,this paper from the judicial documents online selected100 cases,through collation and analysis,to find out the current problems in the identification of telecommunications network fraud accomplices,and combined with theory and practice,to build a set of standards for the identification of telecommunications network fraud accomplices,so as to adapt the responsibility and punishment,and make a certain contribution to the judicial determination in the future.This paper aims to analyze and solve the current judicial practice of telecommunications network fraud accomplice identification problems,and put forward solutions.The article is divided into five parts.The first part mainly explains the background of the current telecom network fraud crime and the significance of the research,and through the introduction of the relevant concepts of telecom network fraud and the status of the academic community for the identification of the accomplice in the telecom network fraud crime,to preliminarily understand the situation of this new type of fraud crime.In the second part,according to the characteristics of numerous telecom network fraud personnel and clear division of labor,this paper analyzes and sorts out the current judicial identification status of telecom network fraud crime,so as to make us understand the status quo of judicial practice more clearly.The third part through the analysis of judicial cases,to find out the current problems of judicial determination and analysis.Because there is no uniform standard for the determination of accomplice in the crime of telecommunication network fraud,there are many cases in which the court makes different judgments.Therefore,to find out the causes of the situation and to summarize and sort out,more conducive to targeted suggestions.The fourth part is based on the current situation of the telecommunications network fraud accomplice judicial identification problems,combined with the corresponding theory,to build a complete set of standards to judge the accomplice in the telecom network fraud.We hope that through the relevant research in theory and practice,we can unify the identification standard of accomplice in the crime of telecommunication network fraud,at the same time,it has certain reference significance for judicial practice,and can judge and identify more clearly,so as to better adapt the responsibility and punishment. |