| With the development of information technology and Internet economy,telecom network fraud shows the characteristics of division of labor and cooperation,and the criminal members and criminal means are more professional and networked.The alienation of network in the crime of fraud has changed the means of contact of the person involved in the crime.The subjective requirement of helping the act to form the joint crime of fraud in the telecom network fraud has changed from collusion to knowing.The criminal law circle has not reached a consensus on the content and limit of knowing,and the phenomenon of aiding the crime in judicial practice has been criticized.Especially after the addition of the crime of helping information network crime,the regulation of neutral helping behavior in criminal law has aroused heated discussion.This paper advocates to verify whether the act of helping in telecom network fraud is a joint crime of fraud from both subjective and objective aspects.Neutral helping behavior is a kind of special helping behavior,which has the characteristics of daily and business.It is similar to general helping behavior in objective structure,and plays an important role in telecom network fraud.The author believes that we can refer to the general helping behavior to deal with the neutral helping behavior,and at the same time in the objective behavior,subjective aspects,responsibility and other aspects of the reasonable limitation of neutral helping behavior punishment scope.In order to crack the problem of joint crime in telecom network fraud and realize the interests balance between fighting crime and ensuring the healthy development of information technology,the author advocates the proof idea of "from evidence to confession"based on practical experience.It advocates establishing an evidence system with electronic data as the core,determining the corresponding proof objects according to the categories of actors,proving the meaning connection from the form and specific content,using different legal liabilities to regulate neutral help behavior,and reasonably applying related charges. |
