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Research On The Identification Of Accomplice In Telecom Network Crime

Posted on:2022-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y N G E A S AFull Text:PDF
GTID:2506306731460544Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Joint crime is a complicated problem in both criminal law theory and criminal law judicial practice,and is regarded as "the most chaotic and dark chapter of despair in criminal law".In the process of processing to take into account a number of factors,especially in the process of telecom network fraud joint crime,affected by information network and other factors,the complexity is stronger,showing unique characteristics.Telecom network fraud is with the help of the Internet by a fraud means,both the characteristics of traditional fraud,with typical characteristics of network virtual fraud gang did not gathered for a long time,and then scattered around the implementation of joint crime,organized crime in large-scale state,crime number and continue to rise,the more harmful to the society and the victim is wider,Caused extremely bad influence,disturbed the social order,affected the social stability.The Internet as a new thing,very fast development,telecommunications network fraud is joint crime in recent years the rise of a new kind of crime form,does not have to conduct a comprehensive regulation in the criminal law,in 2016,projects issued the judicial interpretation,namely "about for telecom network fraud,opinions on some issues of applicable law in a criminal case",Opinions detailed provisions of the telecommunications network fraud joint crime identification and treatment of specific methods.Judicial interpretation is usually issued in an emergency situation to solve the current problems,the content has certain limitations,it is difficult to systematically identify the emerging joint crime of telecom network fraud,sometimes it is also difficult to clarify its legal principles,in judicial practice,there will inevitably be insufficient guidance.In this paper,the identification of accomplice of telecom network fraud crime is studied.First of all,the concept and manifestation of the crime are elaborated in detail,at the same time around the characteristics of crime research,such as corporatisation,non-contact,concealed means and so on.Second,the cognizance of accomplice in telecom network fraud crime laws according to the criminal law article 25 and 2016 and 2021 projects a cloth on the deal with telecom network fraud and other opinions on some issues of applicable law in a criminal case,"Opinion 2",Among them,the judicial interpretation makes up for the traditional theory of joint crime to crack down on telecom network crimes,and provides a basis for the judicial authorities to curb the increasingly rampant information network fraud.Through the analysis of typical cases of joint crime of telecom network fraud,it is found that there are three problems in this kind of crime,judgment of master and accomplice,the identification of the amount of accomplice and the identification of the person who helps to withdraw money.The judgment of the Lord and the accomplice,it is necessary to identify the different elements and standards of the identification of the principal and accomplice according to the specific case.Identification of the amount of accomplice.Fixed criteria should be sought when determining the specific amount in the first and second instance procedures.In determining "helping the withdrawal person",the degree of "knowing" should be subdivided in judicial practice.Disputes in practice are often rooted in disputes in theory.According to the current judicial theory and practice of our country,the identification of the suspect's principal and accomplice is directly related to its sentencing range,the criteria for judging the principal and accomplice are of great value.About the number of accomplices,the total amount of crime and the amount of participation are two representative theories in the current judicial practice.The above problems combined with the academic point of view,to find out the principle of legal application of the identification of telecom network fraud crime accomplice,the telecom network fraud joint crime problems to improve.Regarding the problem of identifying the principal and accomplice of the joint crime of telecom network fraud,it is necessary to classify the confirmation standards of the principal and accomplice.Based on the specific hierarchy of the gang,the identification of the principal and subordinate criminals of the accomplice who arrived at the case and were dealt with separately in different cases,under the concept of adaptation of crime and punishment,the three aspects of the active division of the principal and the accomplice were further improved.Will participate in the total amount of joint crime as the amount of determination standard,for identifying the amount of telecommunications network fraud accomplice is helpful,in identifying the amount of accomplice,to combine the facts of the whole case identified the amount of crime.In helping the withdrawal of accomplices to identify out of control said as the standard of attempted fraud and clearly help the withdrawal of "knowing" grasp.
Keywords/Search Tags:Telecom network fraud, identification of principal and subordinate offenders, helping withdrawal behavior, amount of crime
PDF Full Text Request
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