Research On The Investigation Countermeasures Of Online Crime Cases

In recent years,with the development of e-commerce,online billing has risen.At the same time,telecom fraud under the guise of "high salary" and "part-time billing" has also followed.As an unfair business method,online billing violates the principle of honesty and credit in civil law,damages the legitimate rights and interests of other shops,and seriously disrupts the normal market transaction order,and the crime of billing derived from it infringes the people’s property rights and is suspected of criminal offences.In this thesis,the crime of swiping bills online is taken as the research object,combining theory with practice,aiming at providing help for public security organs to crack down on such crimes.The article is divided into four parts,starting from the concept of online billing crime and progressing step by step.Firstly,it introduces the related concepts of online billing crime,related laws and regulations,and common types of crimes;Then,focusing on the general investigation methods of the case,this thesis expounds the elements such as its acceptance and review,online searching for suspect clues,offline investigation and visit,arresting criminal suspects and so on.Then,combining with the investigation practice,the investigation difficulties of such cases are sorted out,and on this basis,the corresponding investigation countermeasures are put forward.The first part is an overview of the crime of online billing,which is divided into three sections.The first section,Internet billing crime and related concepts,elaborates the concept of Internet billing crime and related legal provisions,and innovatively puts forward the definition of Internet billing crime based on previous research results.Section II Common types of online billing crimes,according to different means of committing crimes and victims,the related cases are divided into crimes against users,businesses and platforms.The abovementioned criminal acts are only different forms of expression.In essence,the criminal suspects use various means to make the victims fall into the wrong understanding for the purpose of illegal possession,and then obtain property.Section III: Characteristics of online billing crime.Combined with specific cases,it is concluded that the criminal subject is well organized,the criminal process is concealed,the criminal means are professional and the social harm is serious.The second part,the general investigation methods of online crime cases,is divided into four sections.Section 1: Acceptance and review of online billing crime cases,including the principle of jurisdiction and preliminary investigation of cases.Section II: Online search for suspected clues,mainly focusing on the websites involved and the chat records of victims.Section III: Collecting evidence through off-line investigation and visit,which includes sorting out the capital chain,landing the virtual identity and visiting the e-commerce platform.Section 4 Arrest of criminal suspects,including on-site investigation and evidence collection and interrogation of suspects.The third part,the investigation difficulties of online crime cases,is divided into four sections.Section 1.It is difficult to find a case,which is caused by the imbalance of investigation cost and income,the low reporting rate of victims,the strong camouflage of criminal acts and other factors.Section II: Investigation and evidence collection is difficult.The evidence involved in the single bill case is mostly electronic data,which is large in quantity and easy to be lost.In addition,the anti-investigation behavior of criminal gangs and the non-cooperation of victims increase the difficulty of evidence collection.Section III:It is difficult to recover stolen money.Starting with the money laundering after committing crimes,it is concluded that there are two characteristics: rapid transfer of funds and vague flow.Section IV,Difficulties in investigation cooperation,discusses the current difficulties in cooperation between the same investigation organ of public security organs and investigation organs in different regions,many barriers to external cooperation and problems encountered in cross-border cooperation.The fourth part,which is divided into five sections,is to improve the investigation countermeasures to crack down on online crime cases,and puts forward the corresponding countermeasures for the investigation difficulties mentioned above.The first section constructs the industry system,mainly from three aspects: perfecting existing laws,clarifying platform responsibilities and strengthening tax supervision.Section II: Broaden the sources of intelligence clues,and solve the problem of difficult intelligence collection by means of publicity and education to encourage timely reporting,network inspection and technology empowerment clue mining.Section III: Strengthen the comprehensive judgment of cases,obtain case information,and use the current big data,artificial intelligence and other scientific and technological means to investigate the criminal suspect’s account number,electronic equipment and information flow as the entry point.Section IV comprehensively collects evidence,forms an evidence chain,attaches importance to the evidence collection of relevant persons in cases,and promotes the specialization of electronic data evidence collection and storage,so as to solve the problem of investigation and evidence collection and improve the quality of evidence.Section 5: Strengthening the awareness of cooperation and perfecting the cooperation mechanism,which means not only strengthening the synthetic operations within the public security organs,but also enhancing the multi-party cooperation between police,enterprises and banks,and actively promoting cross-border investigation to mobilize the whole society to crack down on the crime of online billing.