Study On The Difficulties In Judicial Determination Of Telecommunication Network Fraud Crimes

In recent years,the number of telecommunication network fraud cases in China has been rising steadily.Telecom fraud crimes not only infringe on data and information,but also bring huge property losses to individuals and society,and cast a huge psychological shadow on victims and their families.It directly harms the life and health rights of victims and close relatives,and has an adverse impact on social security and stability and interpersonal communication.At present,China still has not clearly stipulated the crime of telecommunication network fraud or cyber fraud,and it is treated as a general fraud in judicial practice.In real life,telecommunication network fraud involves a wide range,badness,and many fraudulent methods.Judicial trial practice lags far behind the rapid renovation of criminal methods and means.The "Xu Yuyu Case" is a guiding case for the ninth batch of fraud crimes issued by the Supreme Court and has a high research value.In this case,there are a large number of defendants,cross-combination crimes,stricter division of labor,identification of the amount of crimes and the number of calls made,identification of principals and accomplices,as well as identification of acquiescence and attempted crimes,fraud and related crimes.An empirical study with other typical cases and guidance cases will help to further define the concept of telecommunication network fraud.The traditional concept holds that the general crime of fraud is a purely infringement of property crimes.However,in fact,the Criminal Law has neither the law of aggravating the situation of telecom fraud nor the result of aggravating the law.There is no clear basis for the concept of telecommunication network fraud and aggravating punishment from the legal level.In the case of "Xu Yuyu",scholars have certain doubts about the punishment of the principal offender Chen Wenhui.Combined with the relevant materials currently available,Xu Yuyu’s death result is not caused by fraud in the determination of causality.The death of the victim is the result of the crime.It should be identified as a result of the crime,but only adiscretionary aggravating circumstances,rather than a statutory aggravating circumstances.Based on the judicial practice case,the article starts with the sin and the crime of the crime,the amount of the crime,the principal and the accomplice,the attempted crime,the related crimes and other related issues,and proposes solutions:First,accurately grasp the crime of fraud and the crimes of theft,extortion and other crimes,distinguish the law,the relationship between this crime and the crime;Second,the national telecommunications network fraud crime standard should be unified;Third,the national co-sponsored the same standard for the sentencing,narrowing the regional differences;fourth,for the handling of the crimes and the attempted crimes,the standard of sentencing for attempted crimes should be promulgated,the attempted plot should be found,and the combined punishment should be combined with the shackles;For cases where the principal-accident relationship is indistinguishable,case analysis should be conducted instead of reducing the sentencing for distinguishing the principal accomplice.Sixth,for the related crimes,the crimes should be adapted and the relationship between one crime and several crimes should be handled.In the end,it is concluded that the general fraud provisions cannot cover the types of crimes and crimes of telecommunication network fraud,nor can they fully adapt to crimes.The crime of telecommunication network fraud should be treated as a non-pure amount,not a perpetrator or a criminal.In the current situation of insufficient telecommunication network fraud legislation and low legal level,in order to adapt to rapid social changes and quickly and effectively crack down on crimes,telecommunication network fraud should be established separately at the present stage,or in the form of amendments,in the case of general fraud.Under the terms of the article,the provisions of the telecom fraud are aggravated or the results are aggravated,so as to effectively combat crime and effectively improve the principle of compatibility.