Research On Judicial Identification Of Telecommunication Fraud

Telecommunication fraud crime has become a major part of China’s criminal cases.Starting with the target of this article,this article utilizes different methods to analyze this kind of crime,and at the same time it learns from the research by other professors.Begin with the concept of telecommunication fraud,this article examines the reason why this type of crime occurs unexpectedly is closely related to the development of information technology and the characteristics of the crime.This article thoroughly evaluates and categorizes the common type and traits of telecommunication crime,and then through the investigations to examine the crime behaviour which is generated by the upstream and downstream.This article is divided into four parts.In the first part,the paper analyzes the telecommunication fraud data in L city of H Province in recent five years,and it quantifies the trend of telecommunication fraud through multi-angle data,then it summarizes the current situation that the development of telecommunication fraud is rising year after year and the incidence rate is becoming more prominent.After that,based on data analysis,it concludes that the types of high incidence cases in L city of H province are swindle of pig plate killing,refund of fake shopping customer service,credit brushing and online loans.Based on the previous data,it distinguishes telecommunication fraud and traditional fraud.It summarizes telecommunication fraud by studying the characteristics of telecommunication fraud from high concealment,universality,collectivization,specialization,dependence,relative independence,chain,rapid change and other characteristics summary,so as to explain why telecommunication fraud can be committed accurately.The second part analyzes the current situation of legal regulation of telecommunication fraud crime.Through the evolution of legislation,it investigates that from the legislative level,telecommunication fraud is regulated through the promulgation of amendments and judicial interpretation,resulting in telecommunications fraud is imperfect in the legislative level of regulation.Then through the analysis of judicial status,it brings up the problem of telecommunication fraud.Based on the judicial precedent data of H Province,this paper analyzes the judicial status in detail and summarizes the issues.The third part begins with the rising development of telecommunication fraud under the high-pressure.Also it concludes the problem brought by high concurrence of telecommunication fraud to judicial determination,including the objective condition of crime constitution,the analysis of the objective issue,the trouble of identifying charge,the problem of criminal pattern and joint crime.It assesses the existing issue and trouble by analysis of judicial determination.According to the problem of judicial identification caused by telecommunication fraud,the fourth part of the article provides some reasonable suggestions.Through the accurate identification of the crime,including the crime of fraud and the offense of concealment and concealment of crime,the crime of violating citizens’ personal information,the crime of aiding information network crime,the problem of crime pattern,the detailed analysis of joint crime in telecommunication fraud,and then it elaborates the identification of involving behaviour-aider of opening a bank account,the identification of attracting followers-aider and the identification of running points-aider,therefore to provide some thinking and suggestions about solving the problems in telecommunication fraud.