| Telecom network fraud crime is a new type of fraud crime developed with the development of information network technology.Compared with ordinary fraud crimes,this type of fraud crime has the characteristics of technical means and diversity,and is a time bomb buried in a harmonious society.In recent years,the state has also issued a number of regulations to regulate this criminal behavior.For example,on December 20,2016,Supreme People’s Court of the PRC,Supreme People’s Procuratorate of the PRC and The Ministry of Public Security of the People’s Republic of China jointly issued the "Opinions on Several Issues Concerning the Application of Law in Criminal Cases such as Telecom and Network Fraud" and The Anti-Telecommunications Network Fraud Law of the People’s Republic of China,which will be officially implemented on December 1,2022,has played a positive role in preventing and combating such criminal activities.However,due to the considerable differences between telecommunication and network fraud crimes and traditional fraud crimes,and the continuous evolution and upgrading of criminals’ modus operandi,there are still many problems in the judicial determination of telecommunications and network fraud crimes in my country.Combined with the characteristics of the crime of telecommunication network fraud,in order to efficiently solve the problems existing in judicial practice by reading the literature and monographs of relevant scholars,the origin,current situation,characteristics and harm of telecom network fraud are sorted out,so that readers who are new to this field have a preliminary understanding of telecom network fraud,which lays the foundation for the following reading.Fluency.Secondly,with the help of relevant case retrieval platforms such as Judgment Document Network and Wu Litigation Network,a large number of cases were retrieved.Taking cases and scholars’ theories as the starting point,this paper sorts out the difficulties in judicial determination in current telecommunication network fraud crimes and the problems that need to be solved.There is a deviation in the determination of the criminal form of delayed arrival;in the field of accomplice identification of telecommunication network fraud crimes,there are difficulties in identifying the principal and accomplice of the common crime,the judicial practice of helping the withdrawal behavior is unclear,there are obstacles in the application of "pre-conspiracy",and there are multiple frauds within two years.There are many problems such as the lack of quantitative standards,the intersection of amount standards and quantitative standards,and the dilemma of judicial determination.Based on this,the author puts forward feasible suggestions by reading relevant literature,analyzing the legislative spirit of legislators,and at the same time adhering to the criminal law principle of adapting crime and punishment.First of all,in terms of clarifying the identification of crime patterns,it is recommended to understand the accomplished standard from a dynamic development perspective,and to identify accomplished and attempted problems in combination with relevant policies;secondly,in terms of regulating the identification of joint crimes,it is suggested that the criteria for distinguishing should implement the principle of adapting guilt and punishment,and distinguish the Identifying the nature of bank card ownership helps to understand the nature of withdrawal behavior and understand "pre-conspiracy" in multiple contexts.Finally,it regulates the handling of "multiple times" problems in "multiple times within two years",and the fraud amount standard and quantity standard are applied in parallel.In this way,the problem of judicial determination of telecommunication network fraud crimes is solved. |
