Research On Identification Of Joint Crime Of Telecom Network Fraud

The rapid development of computer technology has driven the application of the Internet in various fields,and the traditional network fraud has gradually evolved into the telecom network fraud with more diversified means and more serious harm.On December 1,2022,the Anti-Telecom Network Fraud Law of the People’s Republic of China officially came into effect,which reflects China’s great attention to the fight against telecom network fraud.Before that,the Opinions issued by the "Two high and One High Level" have already made regulations on the relevant aspects of telecom network fraud and traditional joint crimes.But in judicial practice,there are still difficult problems in convicting and sentencing co-criminals.In this paper,the basic concept,nature,social impact and legal responsibility of telecom network fraud crime are systematically discussed through the analysis of the relevant legislative content.Then,it makes a comparative study on the criminal regulation of telecom network fraud at home and abroad.Taking the United States,Germany and Japan as typical representatives,it emphasizes better prevention and education and strengthening the construction of internal norms according to the actual situation of enterprises.At the same time,it also discusses the specific problems of the behavior definition of four main participants in the domestic judicial practice,including network personnel,training management personnel,business personnel and withdrawal personnel.This study attempts to explore the specific phenomena of telecom network fraud joint crime,and through in-depth analysis of its case characteristics and judicial system,further put forward its judicial practice may face new issues: first,through the comprehensive study of the characteristics of the two classic cases,put forward about the master and slave in the practice of sentencing standards of controversy;Subjective "knowing" can not be accurately mastered in practice,even if a variety of theories may be used to get completely different results;The criteria for the accomplishment of the crime of fraud are different in the academic circle,and there is no sufficient consensus.The crime of fraud or the crime of covering up,concealing the income of crime,the crime of income of crime and the lack of clear definition,it is difficult to accurately characterize the help behavior in complex fraud cases.Finally,the fourth part is to improve the above difficult problems one by one.First of all,in the face of unable to completely distinguish the principal and subordinate offenders,we can no longer strictly distinguish them,according to the circumstances of the crime in sentencing flexibility;In the identification of "knowing" should adhere to the objective evidence as the basis,according to the individual’s participation in the form of crime,working environment,criminal means,criminal experience,whether to profit and whether to transfer property and other circumstances,sentencing.Taking "control theory" and "total crime theory" as the criteria for determining the accomplished time and amount,further clarifying the identification of accomplices helping withdrawal behavior.Based on the background of strengthening anti-telecom network fraud work,the author sorts out several major problems,through the reasoning of judgment documents and the guidance of typical cases,referring to the academic literature,combined with their own cognition and understanding of typical network fraud,hoping to provide a new thinking direction for the identification of telecom network fraud joint crime.