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Research On Some Problems Of Telecom Network Fraud Crime

Posted on:2021-02-19Degree:MasterType:Thesis
Country:ChinaCandidate:L X ZhangFull Text:PDF
GTID:2506306545458374Subject:legal
Abstract/Summary:PDF Full Text Request
With the change and development of the information network technology,the network space has already paid equal attention to the real space.Therefore,crimes in real life also develop and extend to cyberspace,that is,offline crimes develop to online crimes,but cyberspace is not an illegal place.According to a report on cyber crime data released by the supreme people's court(SPC),the number of online fraud cases accounted for the highest proportion of cyber crime cases in China from 2016 to 2018,with 31.83 percent.In 2018 alone,China's telecom network fraud cases increased by 37.2%year on year,causing 16.3 billion yuan in losses to the public.In 2019,new online fraud methods such as "pig killing dish" and "pattern shooting" have emerged,seriously affecting public security,Internet order and the safety of people's property.From the perspective of telecom network crime in recent years,this kind of crime shows that the perpetrator of the crime is structured and hidden,and the means of fraud is diversified and novel,which makes the telecom network fraud crime more and more serious.However,due to the uniqueness of telecom network fraud,the difficulty in investigation and collection of evidence,and the numerous obstacles in evidence review and confirmation,such cases are faced with many difficulties in the investigation stage,prosecution and trial terminal,and it is difficult to form a joint force.In the long run,the fight against telecom network fraud crime situation is serious.The article consists of six chapters.The first chapter mainly solves the definition of the concept of telecom network fraud crime and the description of the current situation of legal regulation.Since then the second chapter,three,four,five,in turn from the perspective of crime constitution,to hit the telecom network fraud crime in the judicial practice of the new problems and new test as an example,such as "fraud" online dating and off-line model of the case,"routine" case,"kill pig dish"case,provides the life to help participants to common case and so on,by studying the subjective and objective aspects of telecom network fraud crime attempted crime constitution,with standard determination,accomplice position analysis and so on,have one by one to discuss problems,makes every effort to find a solution to the problem in criminal law theory,to resolve the admissibility of evidence,facts,the applicable law for such problems.The sixth chapter,from the Angle of theory of criminal consequences for telecom network fraud crime against difficulties in judicial practice and its substantial harm is greater than the ordinary fraud crime characteristics,proposed to the amount of the plot into a crime the criminal responsibility of evaluation factors,at the legislative level to improve,to make the crime punishment,to improve the precision of measurement of penalty.
Keywords/Search Tags:telecom network fraud crime the amount that criteria for unsuccessful completion an accomplice status penalty discretion
PDF Full Text Request
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