The Dilemma Of The Cognizance Of Accomplice Of Telecom Network Fraud And The Its Countermeasures

At present,the legislation and relevant judicial interpretation of China have given basic norms to the identification of the accomplice of telecommunication network fraud.However,due to the diversity of the forms of accomplice,the relevant judicial application fluctuates and confuses-the standards of the type of accomplice are not uniform,and the network alienation makes the common application of the traditional criminal law accomplice theory face challenges.Therefore,it is urgent to identify the related crime and accomplice form accurately from the judicial level on the basis of the theory of criminal law accomplice and the clue of the criminal chain.The correct identification of the types of accomplices and their criminal responsibility involves two aspects: first,to properly solve the distinction between the common crime and the upper and lower crimes;Second,the identification of various types of accomplices and the problem of criminal responsibility of accomplices can we make accurate judgment on the perpetrators only by solving these two problems.For the identification of the type of the telecommunication network fraud accomplice,it is necessary to distinguish the related crime correctly;Secondly,the author judges the connection between the actors and the subjective knowledge according to the proof thought of "from evidence to confession";Finally,we should adhere to the combination of subjective responsibility and objective responsibility to use the presumption system reasonably.Based on the concept of the common crime of telecommunication network fraud,this paper analyzes its criminological characteristics,takes the collected analysis samples as the observation object,and explores a clearer path and method by analyzing the judicial judgment logic of the type of joint criminal of telecommunication network fraud,in order to promote the unified standard prosecution of such crimes.The paper is composed of more than 30000 words,the main body is divided into four chapters.Based on the concept and characteristics of the common crime of telecommunication network fraud,combined with data analysis,the paper combs out the problems that need to be solved in the current judicial practice in dealing with the identification of the co crime of telecommunication network fraudThe first part introduces the research ideas and methods,as well as the source and sample of the analysis data.This paper uses the typology,literature and case study methods in the research methods,analyzes the problems to be discussed by collecting and analyzing data samples,and takes the theory of criminal law and criminal procedure law as the benchmark to construct the system.The second part,the paper summarizes the common crime of telecommunication network fraud,which is divided into two sections.The paper discusses the forms of common crime of telecommunication network fraud: the two modes: the perpetrator carries out the same illegal act in parallel with the other,and the characteristics of the common crime of telecommunication network fraud: the diversity of the structure of accomplice,the discontinuity of intention connection,the increasing number of foreign-related cases,etc.The third part is the empirical analysis of the case of telecommunication network fraud,which is divided into two sections.The main purpose is to sort out the typical cases in the research sample by case study method,analyze and summarize the internal and external difficulties faced by China at present for the identification of the accomplice of telecommunication network fraud,and further explore the causes of the difficulties in the identification of the types of accomplices.The fourth part,this part is the reflection of the problems raised in the third part,which advocates that in the case of telecommunication network fraud,the identification of the type of accomplice should be distinguished from the related crime,and then the subjective psychology and objective performance of the actor should be judged in the joint crime case in turn,and finally the subjective deduction should be insisted,The combination of subjective and objective view determines the type of accomplice.