Research On The Governance Of Cross-border Telecom Network Fraud Crime

Cross-border telecom network fraudster refers to the criminal acts across different countries or regions that fraudsters carry out by means of network,telecom or other modern media and financial exchange services.The telecom network fraud criminals carry out fraud activities against the unspecific majority of Chinese citizens outside the country,and use the communication technology and Internet technology to defraud victims in the network virtual space.Under the support of modern science and technology,cross-border telecom network fraud criminals have realized the goal of borderless crime,not only easy to successfully carry out fraud,but also can use the virtual nature of the network space to escape legal sanctions.Therefore,cross-border telecom network fraud crime has serious social harm,it must be strictly controlled.In addition to the introduction and conclusion,this paper consists of five parts:The first part mainly summarizes the cross-border telecom network fraud crime,including the concept,origin and evolution of cross-border telecom network fraud crime.Cross-border telecom network fraud crime refers to the crime that fraudsters cross different countries by using communication technology and Internet technology.Cross-border telecom network fraud crime originates from domestic telecom fraud,which originated in Taiwan.Since the discovery of telecom network fraud crime in our country,we have taken severe measures to crack down.With the enhancement of the anti-telecom fraud crime,more and more telecom fraud gangs are moving abroad to target non-specific citizens.With the progress of society and the development of The Times,cross-border telecom network fraud is also constantly evolving,from simple fraud at the beginning to precise fraud.The second part mainly describes the characteristics of cross-border telecom fraud.Through the analysis of a certain number of cases,it is found that the cross-border telecom network fraud crime presents the characteristics of cross-border crime,organized crime,strong crime region and intelligent criminal tools.Using modern means of communication and Internet technology,cross-border telecom network fraud criminals break through national boundaries in terms of organizational structure,behavioral means and harmful consequences,showing the characteristics of crime without borders.Overseas criminals in the form of criminal groups to fraud activities,the implementation of corporate management,organizational hierarchy,clear division of labor,showing the characteristics of organization;Most of the victims of cross-border telecom network crimes are concentrated in economically developed or densely populated provinces,and most of the domiciles of criminals are concentrated in coastal areas,with obvious regional characteristics.Criminals use modern developed communication technology and Internet technology to carry out criminal activities in virtual space,and their criminal means are more intelligent.The third part mainly analyzes the difficulties in the management of cross-border telecom fraud.Due to the characteristics of cross-border telecom network fraud crime,such as cross-border crime,organized crime and intelligent criminal tools,it is difficult to investigate and collect evidence,difficult to capture and difficult to recover the stolen goods in the governance of such crime.First,cross-border telecom fraud mainly occurs in the virtual space of the network.Evidence related to the crime is stored in electronic media and exists in the form of electronic evidence,which is easy to delete and modify.Therefore,it is difficult for investigation organs to investigate and collect evidence.Second,the criminals are located outside the country,and the arrest of them must rely on regional police cooperation,which requires breaking the restrictions of legal regions and is difficult in judicial practice.Third,fraudsters transfer the fraudulently obtained funds to overseas accounts through a variety of illegal channels,which makes it difficult for investigation organs to find out the specific flow of funds,resulting in difficulties in recovering stolen goods.The fourth part is mainly the analysis of international,foreign and Chinese governance strategies of cross-border telecom network fraud.At the international level,the United Nations,as the world’s most authoritative intergovernmental international organization,has adopted a number of conventions under its advocacy,among which the conventions related to cross-border telecom network fraud have become the legal basis for international joint governance of such crimes.In many years of governing telecom network fraud crime work,also accumulated certain experience,and in the judicial aspect of the introduction of relevant judicial interpretation,clear standards of legal application.In terms of legislation,relevant laws and regulations have been formulated and promulgated to prevent and control cross-border telecom network fraud.In the aspect of comprehensive treatment,a scientific prevention system has been established to prevent cross-border telecom network fraud.The fifth part,aiming at the characteristics of cross-border telecom network fraud crime and the governance problems in judicial practice,combined with the current prevention and control countermeasures,summarizes and analyzes the path of China’s cross-border telecom network fraud crime.First of all,an international consensus should be formed against cross-border telecom network fraud,especially with our neighboring Southeast Asian countries need to form a consensus against crime;Secondly,on the basis of forming consensus,relying on the bilateral treaty and multilateral treaty signed by our country,improve the existing system of electronic evidence collection;Finally,rely on international police cooperation,improve the extradition alternative mechanism,the actual arrest of overseas criminals.It is hoped that these system measures can provide theoretical support and practical research for the management of cross-border telecom network fraud crime.