Research On Judicial Practice Problems Of Telecommunication Network Fraud Crime

Telecommunications network fraud refers to the criminal act of criminals making false information through telephone,text message and internet,setting up scams,implementing remote control,and inducing the victim to make money or transfer money to the criminals.As a new type of fraud crime that is different from the traditional fraud crime,the tactics of telecommunication network fraud crimes have been constantly evolving and upgrading,and the methods are frequently updated.It is a challenge to accurately distinguish such crimes in judicial practice.In order to explore the truth,this paper starts from the concept of telecommunication network fraud crime,according to the actual case to understand its characteristics and reality endanger,and then clearly understand the criminal structure of telecommunication network fraud crime.Secondly,it is the main reason for the disputes in the judicial practice of the current telecommunications network fraud crimes that the current legal provisions have not formed a system and the criminal liability evaluation system is not standardized.Then,starting from some trial cases in judicial practice,this paper analyzes the current disputes in telecommunication network fraud crimes in judicial practice,mainly focusing on the determination of the identification of criminal forms,the amount of crime,the identification of joint crimes,and jurisdiction.On the basis of analysis,make suggestions for improvement to perfecting legislation and standardizing judicial practice,especially regulating the amount of fraud,differentiating the accomplishment and unaccomplishment of crime,determining joint crime,regulating jurisdiction dispute,etc.