Research On Joint Crime Of Network Fraud

The in-depth development of the Internet has spawned a criminal activity that uses new means of information network technology to commit fraud in virtual space.The rapid development of the trend of using the Internet to implement traditional crimes has brought great impact on legislation,justice and traditional crimes,and has also formed a continuous hot debate in the academic community.This paper uses the total-sub-total writing method.Firstly,it discusses the research background,significance,methods and innovations of the paper.Based on this,it understands and summarizes different theories and judicial practices in theory and practice.Through literature research,case analysis and empirical analysis,it sorts out the main problems existing in the judicial identification of cyber fraud joint crimes and provides suggestions for the improvement of judicial identification in judicial practice.At the same time,it also understands the identification of cyber fraud joint crimes in judicial practice and related crimes through some cases.First,for the problem of unclear definition standards of principal and accessory,the author proposes to distinguish and identify according to the structure level of fraud gangs,the order of arrival,and the principle of active use of crime,responsibility and punishment,which can provide a more comprehensive idea for the identification of principal and accessory in judicial practice and better conviction and sentencing.Secondly,for the problem of inconsistent definition of the scope of subjective ’knowing ’ in helping behavior,the author proposes to first identify the existence of subjective knowing by presumption and factual evidence,and then to identify the scope of subjective knowing by limiting the theory of subordination,so that the scope of ’ knowing ’ can be clearly defined.Thirdly,there are problems in the identification of neutral help behavior,one-sided help behavior,help withdrawal behavior and ’accomplished ’ time point judicial identification standards are not uniform.In the thesis,the author acknowledges the existence of the one-sided accomplice with the compromise theory.The one-sided help behavior is mostly to provide network technology services in the trial practice.There is also a concept of one-sided accomplice in the theory of one-sided joint crime,which is also in line with judicial practice.For the neutral help behavior,the author puts forward that only the neutral platform operators meet the subjective knowledge and objective substantive help behavior can constitute an accomplice.At the same time,the neutral help behavior should be determined by the facts of the whole case,and the boundary between the market and the bottom line can better promote the economic development.When determining the nature of the act of helping to withdraw money,the nature of the act of helping to withdraw money should be determined by the theory of final infringement of legal interests and causal accomplice.In addition,it is necessary to integrate the facts and criminal acts,means and other factors to determine the problem of accomplished crime,and to determine the accomplished crime according to the simple and complicated situation of fraud.The exact standard of accomplished crime is conducive to the determination of the form of crime and the scope of joint crime in judicial practice.Fourth,on the issue of the determination of the amount of accomplice,the author advocates that the total amount of participation in the joint crime should be used as the standard for determining the amount,and the amount of crime should be determined by synthesizing the facts of the whole case.At the same time,the evidence standard of the amount of fraud and the time node of the criminal group should be considered,so as to provide sufficient evidence for the criminals to bear the amount of crime,and then accurately convict and sentence.Finally,the paper writes the competition and distinction between the joint crime of network fraud and the crime of helping information network criminal activities,the competition and distinction between the crime of concealing and concealing the proceeds of crime,the competition and distinction between the crime of illegal use of information network and other related crimes,and the competition and distinction between the crime of infringing citizens ’ personal information,so as to provide reference for judicial practice.