Research On Judicial Difficulties Of Telecommunication Network Fraud Crime In China

From the current situation and development trend of telecommunication network fraud crimes in China,telecommunication network fraud crimes have become a more difficult crime to deal with in China.On the one hand,the telecommunication network fraud crime relying on communication and network tools has gradually expanded the number of crimes,the scale of crimes,and the amount involved,infringing on the personal legal interests of many citizens and undermining the orderliness of society,thus reflecting a more serious social harm than the general(traditional)fraud crime;on the other hand,the A large number of upstream and downstream crimes,centered on the telecommunication network fraud crime,breed and spread,making the legal interest infringement surface began to expand.Through the current judicial interpretation of the provisions,the telecommunication network fraud crime not only violates the property rights and interests of citizens,but also includes the violation of the right to privacy,health and even the right to life.In turn,it will be a necessary choice for the country to impose strong regulation on telecom network fraud crimes.From the data,from 2016 to 2021,the number of fraud crimes in China is generally stable or even decreasing,but the number of telecommunication network fraud crimes does not decline with it,but still continues to rise.In order to effectively respond to and regulate the crime of telecommunication network fraud,China issued three judicial interpretations in 2011,2016 and 2021 to refine and improve the relevant provisions of the crime and strengthen the judicial application;three new cybercrime-related crimes were added through the Criminal Law Amendment(IX)in2015,and this was improved through the 2019 judicial interpretation.However,this also leads to more relevant legal provisions,and faces more difficulties in judicial application.From a general perspective,the current judicial application of China’s telecommunications network fraud crime difficulties are concentrated in the following three aspects: First,the judicial interpretation of the conceptual model of telecommunications network fraud crime,but the concept of determination and the actual judicial practice between the determination of a certain distance.In other words,the formal concept fails to fully express the substantive connotation of telecommunication network fraud crime;second,the distinction between the determination of joint criminality of telecommunication network fraud crime and the determination of the crime of helping to trust,the model of "subjective knowledge +behavior" is adopted,but the current criteria for "subjective knowledge However,the current standard of "subjective knowledge" is not clear enough.Third,the aggravated punishment for communication network fraud is based on both the demand for crime regulation and the serious results caused by communication network fraud,but the current regulations make the application of discretionary aggravated punishment for communication network fraud is limited.In addition,by sorting out the current legal provisions on telecommunication network fraud crimes and combining actual cases and judicial data,the above problems are analyzed in theory and practice,and certain optimized countermeasures can be proposed.The general framework of the article is as follows.Part Ⅰ,The general theory of telecommunication network fraud crime.By elaborating the concept of telecommunication network fraud crime,the basic connotation of the crime and the characteristics of the crime are clarified to be able to grasp the essence of the crime.Part Ⅱ,The actual cases are presented and the questions are raised.By showing two representative cases,the problems faced by the current judicial practice of telecommunication network fraud are specifically analyzed and summarized.Part Ⅲ,the judicial problems of telecommunication network fraud in China are optimized.The fourth part,the optimization of the judicial problems of telecommunication network fraud in China,is a layered argument of the specific problems raised above,and puts forward targeted suggestions for the relevant problems.