| The progress of science and technology has promoted the development of network technology,changing the way of human life,and at the same time,it has also spawned telecommunications network fraud crimes.Telecommunication network fraud crime is characterized by concealment,trans-regional,collectivization,and technological intelligence.It is a new type of crime that combines traditional fraud with emerging network technologies.Due to its use of network virtualization,it is difficult to detect,arrest,and effectively combat,with serious social harm.Under the deterrence of the criminal law,there are still many perpetrators who aim to make profits and provide assistance to perpetrators who are committing or may commit fraud crimes.It is particularly important to accurately identify the assistance actions of such perpetrators through judicial procedures.To clarify the nature of helping behavior,it is necessary to accurately distinguish it from performing behavior and abetting behavior,and analyze it in detail from whether it is punishable,subjective intent,and intentional content.Through judicial precedents,it is not difficult to find that there are still difficulties in determining the nature of such assistance in the criminal activities of telecommunications network fraud.The differences between helping behavior and implementing behavior in China’s criminal law mainly focus on their different types of behavior,the implementation behavior being the premise of helping behavior,and the fact that helping behavior does not participate in implementing behavior.The aiding behavior in the telecommunications network fraud crime is mainly reflected in providing personal information to citizens,providing network service technology,and helping to withdraw funds.The act of providing personal information to citizens is at the upstream of the fraud crime industry chain,and it is worth exploring whether this kind of helping behavior is considered a separate crime or a joint crime that constitutes a telecommunications network fraud crime.Providing network service technology acts as a daily and neutral act,so it is important to clarify whether such acts are punishable and under what circumstances they constitute a joint crime of telecommunications network fraud.The act of assisting in withdrawing funds subjectively requires the withdrawing person to recognize that the transferred funds are the proceeds of fraud,while the objective aspect requires specific identification based on the time point at which the act of assisting in withdrawing funds is implemented,in order to solve the issue of identification between charges.In China’s criminal law,there is a good distinction between the definition of aiding behavior and abetting behavior,and the subjective aspects of the two are inconsistent in terms of cognitive content and willpower factors.Nowadays,most telecommunications network fraud crimes are organized,with a clear division of labor among internal members.The perpetrators responsible for planning actions undoubtedly become the core of the entire criminal group,which plays an important role in the implementation of the entire fraud activity.Their behavior should be recognized as organizational behavior.Standardizing the identification of assistance in telecommunications network fraud crimes should be accurately grasped from both subjective and objective perspectives.Subjectively,helping the perpetrator to constitute a helper should recognize that their actions can smoothly accelerate the successful implementation of the telecommunications network fraud crime.The subjective "knowing" of the assisting perpetrator should be defined as the perpetrator accurately knowing or presuming to know the nature of the crime committed by the assisted perpetrator based on objective and actual circumstances,but the scope of "possibly knowing" should be limited.The objective aspect requires that the help perpetrator have a substantial helping behavior to facilitate the smooth implementation of fraud activities by others. |
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