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Research On The Investigation And Jurisdiction Of Telecommunications Network Fraud Crimes

Posted on:2024-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z ZhangFull Text:PDF
GTID:2556307091992249Subject:Law
Abstract/Summary:PDF Full Text Request
While the digital society provides a lot of convenience for people,it also produces many new types of risk factors.In the context of the digital age,telecom network fraud has become a type of problem that the criminal law and criminal procedure law need to respond to in a timely and effective manner.In the process of the development of the telecommunications Internet industry,a new form of crime has emerged based on this premise,which has the characteristics of high incidence,stakeholder,concealment,cross-regional boundaries,etc.,and has a strict and close criminal division in the organization group,close external upstream and downstream crimes,mutual cooperation,and the fraud ring is point-to-point non-contact and accurate scams.However,due to the large number and wide distribution of victims,the investigation and jurisdiction subjects are scattered and cannot cope with the complicated circumstances of telecommunications network fraud crimes.For telecom network fraud,the traditional theoretical jurisdiction such as the place of crime is also challenged,and it is difficult to interpret what is the place of crime.It is necessary to sort out the operational rules of investigation jurisdiction and discover the blocking points in the application of the system,so that appropriate suggestions for improvement can be put forward.At present,the legislative characteristics of the telecommunications network fraud investigation of the jurisdiction system are the grades jurisdiction.The case of telecommunications network fraud crimes is generally under the jurisdiction of grass-roots public security grass-roots investigations.Explain the crime land,expand the explanation of the place where the criminal behavior and the occurrence of the criminal results,which causes the regional jurisdiction to be diversified;The scope of downstream behavior and jurisdiction over the case is no longer limited to the facts or common crimes of the same crime.Investigation of the preparation of the jurisdiction,the public security organs’ cases,investigation or designated telecommunications network fraud criminal cases,the people’s procuratorate where the public security organs are located will filed a public prosecution and the people’s court trial,and the people of the public security organs were predicted to the people’s jurisdiction to the people.The court’s trial jurisdiction.Many distinctive changes have strengthened the crackdown on criminals,but also challenged the system applications,including: First,the investigation of jurisdiction over the organization of telecommunications network fraud crimes,the"crime of crime in telecommunications network fraud crime cases There are more than 30 land behavior.The dispersion of the investigation of the jurisdiction will cause dispersal of the resource of handling cases.It is difficult to detect the group of criminal groups of telecommunications network fraud,bringing positive or negative conflicts in jurisdiction.Second,the designated jurisdiction’s applicable procedures,cumbersome and difficult to effectively specify the jurisdiction.The location of the incident is uncertain and the number of victims is large.The application of the designated jurisdiction is not standardized,the applicable standards are not clear,the applicable procedures are cumbersome,and the enthusiasm of the investigation of investigations is seriously cracking down on investigating cases.Third,the weakening procedures for investigating the effectiveness of the jurisdiction of the budget of the jurisdiction is that the concept of "Investigation Jurisdiction" and the "trial center"conflict,and the lack of effective restrictions on the effectiveness of the jurisdiction of the jurisdiction,which is not conducive to protecting the authority of trial authority and the protection of the rights and interests of the parties.Fourth,the investigation of the low-level jurisdiction cannot respond to the industrialization and professionalization of telecommunications network fraud crimes,and the investigation and organization of grass-roots public security organs...
Keywords/Search Tags:Telecom network fraud, Jurisdiction of investigation, Designated jurisdiction, Cyber crime
PDF Full Text Request
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