Research On The Review And Determination Of Evidence Of Internet Fraud Crimes

As a key crime area of national attention in recent years,network fraud crime is a prominent and harmful type of crime in network crime,which is not only an important problem of current social governance,but also a judicial governance topic that needs to be responded to in the field of criminal justice.Theoretical research on network fraud crime has also increased,but mostly from the perspective of substantive law to explore the issues of conviction and sentencing and crime prevention,and less from the perspective of procedural law to explore the problem of evidence review and determination in network fraud crime.In this paper,we aim to summarize the problems in the application of criminal procedure theory and system in the specific type of crime of network fraud,and improve the review and determination of evidence of network fraud from the perspective of improving the principles of evidence adjudication,the rules of electronic data collection and review and determination,and the construction of the criminal justice system to improve the review and determination of evidence of network fraud.To improve the efficiency of litigation and achieve judicial justice.This paper is divided into four parts:The first part is the basis theory for the review and determination of evidence of network fraud crimes,firstly,it points out the main types of evidence of network fraud crimes and the characteristics of evidence,and identifies the differences between evidence of network fraud crimes and other types of criminal evidence;secondly,it briefly clarifies the concepts and their connotations related to the review and determination of evidence of network fraud crimes.The second part is the practical dilemmas of the review and determination of evidence of network fraud crimes.Firstly,it was pointed out that the current problems faced were the complexity of authentication activities and the tendency to break the chain of evidence.secondly,it is pointed out that the focus of electronic data authenticity review is shifted and the legality review is superficial,again,it is pointed out that it is difficult to identify the identity of the subject and the relevance of the evidence,and finally,it is pointed out that the defense plays a limited role in reviewing and identifying the evidence.The third part is the analysis of the causes of the dilemma of the review and determination of evidence of network fraud crimes.From the conflict between the modernization of judicial proof and the principle of evidence adjudication,the weak system of electronic data legislation and the vagueness of its provisions,the imperfect rules of authenticity and legality review,and the unsound system of evidence disclosure and chain of custody,we analyze the causes of the above dilemma.The fourth part is the path of perfecting the review and determination of evidence of network fraud crimes.At the theoretical and legislative level,through the improvement of the best evidence rules,corroboration rules,and the improvement of the collection and review and determination of electronic data rules,to provide theoretical and judicial assistance for the construction of the evidence system of network fraud crimes.At the level of criminal judicial practice,the establishment of a complete electronic data custody chain system and the improvement of the electronic data evidence disclosure system provide institutional safeguards for the review and determination of evidence of network fraud crimes.