Research On The Determination Of The Amount Of Telecommunications Network Fraud Crimes

Telecommunications network fraud is a new type of property crime carried out with the help of technology or equipment such as electronic communication and information networks,and has shown a high level of crime in recent years.Since 2011,the state h as formed a pattern system of three judicial interpretations and one legislation for the go vernance of telecommunications network fraud crimes.The determination of the amount of telecommunications network fraud crime is one of the core issues in the judicial dete rmination of telecommunications network fraud crime,and under the current legislation a nd judicial interpretations,the amount of telecommunications network fraud crime is the condition for the establishment of the crime.However,there has never been a unified st andard for determining the amount in telecommunications network fraud crimes,such as the determination of completed determination,the standard of attempt,and the existence of different positions on joint crime,and there are various debates in criminal law circl es.Compared with the amount determination of ordinary fraud crimes,the amount deter mination of telecommunications network fraud crimes has the characteristics of massive quantity and delay.Based on this,it is necessary to systematically clarify the determinati on of the amount of crime based on the special position of the amount of telecommuni cations network fraud crime.This paper conducts research from four aspects,as follows:The first part is an overview of the amount of telecommunications network fraud c rimes.The concept of the amount of crime is related to the concept of the amount of c rime of telecommunications network fraud,thereby defining the concept of the crime of telecommunications network fraud;Analyze the nature and characteristics of the amount of telecommunications network fraud,and clarify the amount is the condition for the est ablishment of the crime of telecommunications network fraud.The second part is the determination of the amount of completed telecommunication s network fraud.The controversy in the academic circles on the standard for the recogni tion of completed property has made affirmative discussions on the standard of actual co ntrol of property as a completed standard;In practice,the issue of determining the amo unt of completed telecommunications network fraud crimes is analyzed,specifically inclu ding the dispute over the time node of the actual control of the determination of the co mpleted amount,and the difficulty in clarifying the amount of loss and profit.The third part is the determination of the amount of attempted telecommunications network fraud.Focusing on the key issue of whether the lack of amount of telecommun ications network fraud crime has the form of attempt,the analysis is carried out in two dimensions: basic offender and aggravated offender.Based on the fact that the amount h as the attribute of constituent elements,both the basic offender and the aggravated offen der have the form of attempt,and the punishment path for attempted aggravated offende r of telecommunications network fraud is proposed.The fourth part is the determination of the amount in the joint crime of telecommu nications network fraud.Clarify the basic structure of telecommunications network fraud crimes;Distinguish between the amount of principal offenders and the amount of access ory offenders,divide the principal offenders,and only analyze the determination of the a mount of other principal offenders for which the judicial interpretation does not specify t he criteria for determining the amount;Based on the total amount of crimes,accomplice s should be determined according to the total amount of criminal groups involved in the period,which is more in line with the reality of telecommunications network fraud crimes.