Research On Several Issues Of Telecommunication Network Fraud Crime

With the development of telecommunication and network technology and the popularization of new payment methods,the crime of fraud by telephone,short message,Internet and other telecommunication network technologies is increasing rapidly.As a combination of traditional fraud crime and modern network communication technology,this kind of crime infringes the property rights of citizens,personal information security interests,and infringes on the management of telecommunications and network order.Its great harm is unmatched by traditional ordinary fraud crime.In practice,the legislative and judicial departments have issued relevant explanations and opinions to explore the governance mode of telecommunication network fraud.In 2016,the Supreme People's court,the Supreme People's Procuratorate and the Ministry of Public Security jointly issued the opinions on Several Issues concerning the application of law in handling criminal cases such as telecommunications network fraud,which unified the3000 yuan amount of telecommunications network fraud as the prosecution standard.However,there are still many controversies on the nature of the act,this crime and that crime,accomplished crime and attempted crime.First of all,starting from the concept of the crime of telecommunication network fraud,this paper summarizes the external characteristics of the crime of telecommunication network fraud,which are technical,remote and non-specific.Combined with typical cases,it summarizes the main types of the crime of telecommunication network fraud in China.Secondly,through the analysis of the behavior of telecommunication network fraud,the forms of accomplished and attempted crime,it makes clear the crime and non crime,this crime and that crime Thirdly,it elaborates on the joint crime,upstream and downstream related crime,and the behavior of helping withdraw money in the telecommunication network fraud criminal group;finally,In view of the Judicial Dilemma of cracking down on telecommunication network fraud in reality,this paper puts forward the suggestions of unified interpretation standard,strengthening evidence review and standardizing the judicial scale,and strengthens the comprehensive management in maintaining the strike hard situation,improving personal information protection and insisting on the participation of multiple subjects,so as to provide theoretical reference and practical basis for standardizing the criminal justice work.