The Judicial Determination Of Telecom Network Fraud Crime

As a new type of network crime different from traditional crime,telecommunication fraud crime is the product of the combination of traditional fraud and computer network technology.Such crimes have seriously hindered social development,jeopardized public and private property security,personal information security and network order,and seriously affected people’s production and life.The telecommunication fraud case involves a large number of people,involved in a wide range.It is difficult to solve the case.Since there is no separate provision of telecommunication network fraud in Chinese criminal law,relevant judicial interpretations and criminal policies are the main judicial basis in judicial practice,which makes it difficult for judicial personnel to be qualitative and applicable law to the perpetrators of telecommunication fraud.Based on the cases in China Judgment Documents Network and the typical cases issued by the Supreme People’s Court and the Supreme People’s Procuratorate as the research objects,in-depth analysis and demonstration are carried out,including the following four parts:In the first part,the legislation and judicial status of telecommunication network fraud crime is briefly introduced,related legislation and criminal policies are summarized,and the criminal legislation is characterized by expanding the scope of criminal criminals and adding the standard of crime.This paper introduces the trend change of current criminal activities and analyzes some problems existing in judicial practice from judicial big data.The second part discusses the punishment consciousness in the behavior identification of telecommunication network fraud crime,points out that the key to the identification of fraud crime is "punishment consciousness",and points out the key role of punishment consciousness in the process of the identification of crime at present,put forward through the clear existence of punishment consciousness,clear punishment of voluntary and timely,to determine the risk level of three aspects to the recognition of punishment consciousness.The third part analyzes the crime number of telecommunication network fraud,through the analysis of the case,discusses the illegal access to citizens’ personal information and illegal holding of credit card behavior and fraud between the relationship and crime number identification.According to the current criminal policy,the behavior of infringing citizens’ personal information should be identified as a relationship and punished for several crimes.The behavior of illegally holding credit cards should be determined according to the specific circumstances of the crime.The fourth part discusses the joint crime of telecommunication network fraud crime.The telecommunication network fraud crime is usually committed by a gang,the harm is greater.Through the analysis of the subjective intention of the joint criminal,the scope of joint intention is clarified.At the same time,it analyzes the controversial identification situation in the joint crime,including the identification standard of the principal and subordinate offender,the identification of the low role in the fraud group,and so on.It points out that the principal and subordinate offender identification should be carried out in the joint crime according to the role of the perpetrator to the whole crime.In addition,because of the controversy among the accomplices,the author analyzed the cases of accomplices and separate convictions.