A Study On The Judicial Determination Of New Types Of Fraud

Compared with the traditional fraud,the main characteristics of the new fraud are the immediate loss of property,the diversification of forms of expression and the wider range of objects involved.The main type of fraud is telecommunications fraud.Fake payment platform fraud and fictional Internet information fraud.Most of the actors take a non-contact way to defraud the broad masses of the people,and because of the intervention of the third party platform of the Internet,it is difficult to accurately characterize this kind of new fraud in judicial practice.Even if the qualitative analysis is accurate,but because the amount of fraud is not accurate or whether the fraudster behavior is accomplished or attempted,it also gives judicial practice sentencing.It's difficult.In order to solve the problems in the judicial practice more effectively,the author will describe the three parts.The first part summarizes the new fraud.This paper focuses on how to identify the "new" in the new fraud.By analyzing the characteristics of traditional fraud swindlers to obtain property through contact with victims,this paper describes the characteristics and types of new fraud.The second part expounds in detail the disputes in the process of judicial cognizance of new fraud.With the development of the times and the escalation of criminal means,the new fraud cases are more dressed in the "invisible clothes" of the Internet,and the swindlers have also changed the traditional way of fraud.Therefore,As a result,there is a dispute between judicial practice and academic theory on the conviction and sentencing of new fraud,which is mainly reflected in the characterization of new fraud,the identification of attempted crime and the determination of the amount of crime.This part will combine the real life fraud cases to put forward the problems existing in the judicial cognizance of the new fraud.The third part is based on the analysis of the problems put forward in the second part,so as to put forward the corresponding solutions.In the case of accomplished and attempted,the author adopts the theory of "control theory" todetermine whether the fraudster fraud is accomplished or attempted,whether the fraudster controls property directly or indirectly.In the identification of the amount of crime,the author thinks that the role played by the actor in the whole process of crime should be taken into account to determine the amount of crime.