Accomplice Forms And Identification Of The Crime Of Telecom Network Fraud

With the rapid development of Internet,information and communication technology,the forms and means of crime have changed greatly compared with the past.Telecom network fraud is one of the typical crime means,which fully utilizes the new high-tech means in recent years.Its precise fraud techniques trap more victims,causing citizens to suffer huge property losses and seriously destroying social stability,which makes it the key crime cracked down and punished by China’s criminal law.In judicial practice,telecom network fraud is obviously featured by group crime,and depends on the strict organizational structure and labor division and cooperation among members.The development trends or characteristics,such as the chain extension of upstream and downstream crimes,diversification,operation concealment and non-uniform identification standards,make it more difficult to crack down on telecom network fraud.In addition to the traditional telecom network fraud means,the leakage and trade of personal information also provide the criminals with more fraud scenes and make it easier for victims to trust the criminals.Thus,the author firstly overviews the crime of telecom network fraud and defines and summarizes the characteristics,development trends and crime type of this crime in Chapter I,based on which the relationship between telecom network fraud and personal information safety and the existing problems in personal information protection are introduced and explained.Additionally,due to many characteristics of telecom network fraud itself,such as cross-regional,concealment,strong technological features of crime means,diversified means and so on,it is extremely hard to crack it down.In view of criminal law application,it is difficult to identify the responsibility of accomplice and related crimes,causing the situation of different judgments on the same case and the deviation in the implementation of the principle of adaption of crime,responsibility and punishment.Thus,in Chapter 2,the accomplice forms and upstream and downstream related crime in telecom network fraud are illustrated and it is also introduced that the leakage and trade of personal information have become an inevitable link of upstream crime.On this basis,in Chapter 3,faced with the accomplice situation of upstream and downstream related crime and the situation of independent crime,how to identify the accomplice responsibility of the special accomplices including personal information provider,platform operator and people who help withdraw money in the crime of telecom network fraud under the principle of tempering justice with mercy.In November 2021,the first Personal Information Protection Law in China will be formally put into use.Compared with European and American countries’ exploration in personal information protection since the 1960 s,China remains in the initial stage,which is slightly disconnected with China’s rapidly developing technology environment.Therefore,in Chapter 4,targeting at the positive influence of the implementation of Personal Information Protection Law on the governance of telecom network fraud and the crime evaluation issue above,the necessity and feasibility analysis of independent incrimination of telecom network fraud is introduced.There is still a long way to go in the governance of telecom network fraud.Though the crackdown effects of special actions are immediate,the crime governance needs radical governance more than superficial governance.It is also a long-term systematic project.Only when each link and each department on the chain practically participate in can it be completed for CPC and the people satisfactorily.