The Empirical Research on the Identification of Telecommunication Network Fraud Crime

Abstract

Telecommunication network fraud crime is a new type of fraud crime which is different from traditional fraud crime. It mainly uses non-contact methods to defraud unspecified objects, and constantly updates the fraudulent means with the help of information dissemination tools and new payment channels, which brings difficulties to the accurate identification of such crimes in judicial practice. Based on the particularity of telecommunication network fraud crime, in order to effectively solve its problems in judicial practice. First of all, through the concept, characteristics and manifestation types of telecommunication network fraud crime, this paper expounds the telecommunication network fraud crime from the legal point of view. Secondly, from the legal status quo of telecommunication network fraud crime, the identification problems existing in judicial practice and their causes, it is pointed out that the problems existing in telecommunication network fraud crime in judicial practice are mainly manifested in the difficulty in accurately identifying the crime amount, the difficulty in accurately identifying the attempted form, the difficulty in distinguishing the principal and accessory offenders, and the difficulty in characterizing the charges of related crimes; The identification of telecommunication network fraud crime is sorted out, and it is pointed out that the main reasons are the scattered existing legal provisions, different legal interests and different judicial cognition of judges. In view of this, making telecommunication network fraud a crime independently is the primary system improvement path to solve the differences in the determination of telecommunication network fraud crime.