| The crime of telecommunication network fraud is the crime with the greatest influence nowadays.Most of telecommunication network fraud are joint crimes in the form of gangs and groups.The internal level of the organization is strict,the division of labor is clear,and the number of people involved is large.Different forms of joint criminal organizations will affect the specific charges and responsibilities of each perpetrator,Therefore,in judicial practice,there are many difficulties in convicting and sentencing the defendant.By sorting out the problems faced in judicial practice,this paper analyzes the connotation and structure of the joint crime of telecom network fraud,and clarifies the legal regulation of various acts in the upstream and downstream industrial chain of telecom network fraud,According to the different roles and division of labor in the joint crime of telecom network fraud,this paper analyzes the criminal responsibility of each actor in the joint crime of telecom network fraud.Firstly,it summarizes the joint crime of telecom network fraud,discusses the meaning of telecom network fraud crime and joint crime,defines the concept of telecom network fraud joint crime,explores the basic structure of telecom network fraud joint crime,and studies the constituent elements and main theories of telecom network fraud joint crime,It also analyzes the joint crime of telecom network fraud from both subjective and objective aspects,and systematically understands the crime of telecom network fraud and joint crime.Secondly,it sorts out the criminal rules of related crimes in the upstream and downstream industrial chain related to telecom network fraud.For example,illegal holding of other people’s credit cards,capital payment and settlement accounts,illegal acquisition of citizens’ personal information,making "Trojan horse" programs,providing "pseudo base station" equipment or related services,providing Internet intervention,number change software and other network technology services,and helping to transfer the proceeds of fraud.Finally,it puts forward the ideas to deal with the identification of the joint crime responsibility of telecom network fraud.First,in the identification of the principal and subordinate offenders,the active participants who play an important role in the fraud group should be identified as the principal offender,and the person in charge of a department or the leader of a branch should not be directly identified as the principal offender,For the situation that it is difficult to find out the status of the perpetrator in some joint crimes,we can not distinguish the principal and subordinate offenders,but make a comprehensive judgment according to the specific fraud activities carried out by the perpetrator,the role played in the fraud activities and the consequences,and carry out accurate sentencing according to the principle of adapting crime,responsibility and punishment.Secondly,it combs and analyzes in detail the identification responsibilities of the actors with different division of labor in the joint crime of telecom network fraud,mainly including the identification of the responsibilities of illegally obtaining citizens’ personal information,telephone operators,sending fraudulent messages by using pseudo base stations,providing logistics support,providing network technology services and so on,As for the identification of logistics support behavior,we should fully consider the promotion of the behavior to the crime,the causal relationship between the behavior and the result of the crime,and the substitutability of the behavior itself;Third,the total amount of crime theory should be adopted in the determination of the amount of crime,but the starting premise of adopting the total amount of crime theory is that the perpetrator joins the fraud group and begins to implement telecom network fraud activities.Generally,the perpetrator is only responsible for the amount of crime committed by the fraud group during his participation. |
