Research On Criminal Justice Assistance In Combating Cross-Border Telecommunications Network Fraud Crimes

Computer and telecommunication network technology have developed very rapidly in recent years,and there are many novel forms of telecommunication fraud crimes,and the situation is becoming increasingly grim.Criminals use telecommunication networks to connect globally to get rid of reconnaissance and trial,and with the help of cross-border,they use overseas network means to infringe on our citizens’ lives and property,which directly threatens the lives and property of our citizens.More seriously,it will endanger the security of China’s financial environment.In order to crack down on this crime,the public security organs of our country get in touch with the outside world through the help of international criminal justice,and have carried out many rounds of activities back and forth,most of which are cross-border arrest and recovery of criminals.In order for these cross-border actions to arrest criminals and recover stolen money to achieve good results and solve various problems in an orderly manner,the first thing to do is how to resolve the legal conflicts of jurisdiction in cross-border criminal cases.Can the investigation and evidence collection carried out abroad be recognized at home? How to extradite criminals hiding or fleeing abroad to China for trial? Many proceeds from fraud crimes have been transferred abroad by criminals.How can we communicate with relevant countries to recover them? These problems are a headache,not only for criminal justice practice departments,but also for legal theorists.The first part of this paper starts with the development process and concept of crime,analyzes the germination and spread of telecommunication network fraud crime,and the means of international criminal judicial assistance related to this crime,paving the way for the subsequent analysis of the shortcomings of existing international criminal judicial assistance.The second part expounds the relevant international treaties and the legislation of other countries,and analyzes the attitude of the international community to combat this kind of crime,in order to analyze how to achieve effective criminal assistance with other countries.The third part focuses on the analysis of the difficulties and reasons in cracking down on this kind of crime,which are mainly due to the different legislation of different countries for this kind of crime,the inapplicability of existing international treaties,and the lack of international criminal judicial assistance model,including specific issues such as jurisdiction,evidence collection,extradition,and memorial service,which leads to the lack of a unified assistance system in the world,resulting in the dilemma of cracking down on cross-border telecommunication network fraud in China.In the fourth part,it is the perfect suggestion for the above analysis,making full use of the existing international police cooperation platform to strengthen information exchange and crime prevention,and analyzing the domestic legislation "Anti-Telecommunication Network Fraud Law" to find the system support to combat this kind of crime.Summarize experience and lessons,and complete the whole process from cracking down on crime,punishing crime to crime prevention.