Research On The Joint Crime Of Telecommunication Network Fraud

Research on the joint crime of telecommunication network fraud in recent years,telecommunication network fraud cases occur frequently.As a new type of crime,telecommunication network fraud is seriously affecting people’s lives and threatening their property security with its rapid development.Telecommunication network fraud has different characteristics from the traditional fraud.Because this kind of crime relies on network science and technology,compared with the traditional fraud,telecommunication network fraud covers a wider range,victims are cheated more,and social harm is greater.Telecommunication network fraud crime is mostly joint crime,and generally appears in the form of fraud gang or swindle group.The structure of fraud organizations is strict,the management level is clear,and there are many participants.Therefore,it is difficult to convict and sentence each actor in telecommunication network fraud joint crime.In the telecommunication network fraud crime,different actors play different roles in the joint crime and have different positions in the criminal organization.The analysis of this kind of crime not only involves the identification of accomplice,but also needs to determine the specific responsibility of accomplice by analyzing the position and role of different actors in the joint crime.From the perspective of joint crime,this paper first summarizes the joint crime of telecommunication network fraud,defines the joint crime of telecommunication network fraud,and analyzes the characteristics of the joint crime of telecommunication network fraud.Through the clarification of the basic issues,it lays a foundation for the study of the specific issues in the joint crime of telecommunication network fraud.Telecommunication network fraud is basically carried out in the form of joint crime,and its accomplice structure is very complex.Then,from the perspective of joint crime organization form,this paper analyzes that telecommunication network fraud organization should be divided into fraud gang and swindle group.By analyzing the status of each actor of the fraud group and the swindle group,we can distinguish the ringleader,the principal,the accessory and the coerced accessory,and then judge their accomplice responsibility.Finally,this paper focuses on the identification of accomplice in the crime of telecommunication network fraud.First,through the identification of subjective "knowing" and objective "helping behavior",it analyzes the conditions of the perpetrator to constitute the accomplice in the crime of telecommunication network fraud from the subjective and objective aspects,and then analyzes the conditions of the special personnel to constitute the accomplice in the crime of telecommunication network fraud and the role they play in the joint crime.