Judicial governance of telecommunications network fraud
09:54, August 04, 2021 Source: "China Social Sciences", August 4, 2021, Issue 2222 Author: Wang Jie

In recent years,Telecom Network Fraud Trume Revised,From the past to the single damage iteration iteration to running to run to the continuous fraud of the victim in a certain period of time,Show the stacking effect that is continuously deepened by the degree of harm。Victims often carry huge debt,Some of the tragic situation in social death or suicide,Some even embark on the road of illegal crimes。The victim overlapping effect has shifted online fraud from the "conspiracy" of traditional fraud to the current "damage",The transition from infringing property crime to infringing personal rights crime。In view of the severe social harm that is very different from traditional fraud in view of online fraud.,We need to pay attention to the new model of online fraud and its judicial governance path。

The victim overlapping effect refers to the victim that it is continuously deceived in a certain period of time,Phenomenon that the degree of harm is continuously deepened。The scope of harm from itself to others,Involved in personal、Existing property、Future revenue and mental victims,Even life。The so -called "stack",refers to the staging of criminals of online fraud、continuously put pressure on the victims at the level: the first stage for the victim itself,The second stage for its close relatives,The third stage for all its social networks。The so -called "volume",First refers to the psychological control of the criminal of the criminal; the second is to devour all the property that can be obtained by the victim、Psychiatric rights,and layer more; the third is to refer to the relatives and friends of the victims and the victims; the fourth is to refer to the victims that the victim can be bet365 best casino games transformed into a victim;,Added crime "Energy" to the offender,Then implement more crimes。Research and development,"Pig Killing Disk" that persuaded the victims to invest with love and dating as a means has become the hardest hit area for some "lack of love"。Many parties not only are deceived by personal property,Also borrowed money from parents and friends and even online loan platforms to "give" liar,Some even raise money through illegal and criminal means to "invest" for scammers。Last,The victim is not only emotionally injured,And people's wealth two empty,Some even suicide and even liabilities; their parents and friends and relatives are dragged down,Even a lifetime depression,Sadness day; and after the scammers can do it, they will start hunting the next goal。This can be seen,Internet fraud is no longer a simple property crime,Instead, it has become the legitimate rights and interests of the citizen that continues to erode citizens、Social order and public safety tumor。

The formation mechanism of the victim overlapping effect,You need to get from multiple disciplines、Multi -perspective specific analysis。Crime neutrality and theory emphasize the criminals as emotional as ordinary people、Life needs and criminal self -blame mechanism,But the extension and non -contact of the criminal chain,It will prompt it to find various reasons to "neutralize" the sense of crime crime。Similar to "kill piglets", the victims are called "pigs" and "pigs" and so on,It is a behavior that conducts non -personalization and derogation of the victim,presents a values ​​that are indifferent to life。Analysis of information economics,On the one hand,Major online e -commerce companies provide a facilitation online lending platform through the APP software; on the other hand,,With the rapid development of Internet technology,bet365 live casino games Traditional crime accelerates to a non -contact crime transition from the Internet as a medium,"Running Platform"、Virtual currency and other accelerated online fraud have expanded; these are convenient for criminal crimes for criminals of cyber scams。Psychological analysis thinks,Traditional fraud and the Internet fraud in the "Public Prosecutor's Law" agency in the past often hold a mentality of "scamming and running",The psychological control and emotional damage of the victims are relatively limited; and a new type of Internet fraud similar to "killing piglets",often uses emotion as a bait,Strong confusion、Destiny for a long time,Not only hurts the victim's feelings,It often leads to serious consequences such as the victims and even suicide。In short,Under the influence of the stacked volume effect,Internet fraud crimes are no longer simply property legal benefits,It also includes the benefit of life law,Therefore, it is necessary。

Objectively speaking,The current political and legal organ continues to maintain high pressure on telecommunications network fraud,Party and government agencies at all levels also attach importance to anti -telecommunications network fraud publicity,But from the perspective,,Telecom network fraud cases have not declined,Instead, continue to show up the trend。I am in Jiangxi、Henan、Hubei, Inner Mongolia and other places in the city of public security organs in the city of public security organs,Current intentional homicide、Damage、Robbery and other violent crimes are gradually decreasing,Scams implemented through the network、illegal absorption of public deposits and other property crimes increasingly increased。110 Police Love,Telecom online fraud crimes have exceeded 40%of criminal police sentiment,60%in some areas; and the property loss caused by it accounts for more than 70%of the bet365 best casino games total losses of criminal cases。The State Council's Joint Members of the Inter -Members of the Inter -Members of the State Council of the State Council to Governance Telecom Network New illegal and Crime Work Department of the Inter -Member Conference on April 22, 2020,January -April 2020,National telecommunications network fraud crime cases have a total of 163,000 cases,The loss involved is as high as 5.1 billion yuan,The year -on -year increased。The national procuratorial organs in the first half of 2020 filed a public prosecution on 3,2463 telecommunications network fraud criminal suspects,77.1%year -on -year。Ministry of Public Security June 17, 2021 In the reporting of the national public security organs to crack down on the work of governing telecommunications network fraud crimes,"January to May 2021,114,000 cases of telecommunications network fraud in the country,154,000 suspects captured,increased by 60.4%and 146.5%year -on -year "。

Although the current governments at all levels have paid more attention to governing cyber fraud crimes,But the judicial governance blind zone review of telecommunications network fraud crimes,But found a lot of problems: First of all,jurisdiction problem。On the one hand,Uncertainty of the place where the criminal behavior is places and the place where the results of cyber crime occurred,It is difficult to achieve the basis for the basis of criminal behavior or criminal results as the jurisdiction of the regional jurisdiction of cyber crime; on the other hand,,Internet crime is usually not a specific behavior,but a chain type、stereo behavior,It involves the long gray and black industry chain。So,You need to use the perspective of the overall theory to see the behavior of cyber crime,Implement a full -chain blow,and currently more judicial organs are isolated、One of these lines for one -sided strike,Not only is it difficult to achieve Bet365 lotto review the whole chain cure,It is even difficult to accurately identify it as a criminal behavior。Next,Illegal understanding problems。Behavior of selling or providing your own information,Require "knowing or knowing that others use the personal information of citizens to commit crimes"。This requirement proves that the offender knows that they are engaged in the "knowing" of criminal acts,Proof is too difficult: First, because some of them are really unknown,Second, it is difficult for the judicial organs to collect objective evidence to prove the perpetrator "Knowing",But in view of the serious social harm caused by it,No punishment and contrary to the law。again,Qualification of crime。Internet fraud is the collection of a series of criminal behavior,Its crimes include at least the crime of ordinary fraud,and the crime of fundraising fraud、Bill fraud crime、Crime crime of credit card fraud,There are also organizational leadership of MLM、Crime crimes such as infringing citizens' personal information。The governance of cyber fraud crime involves many crimes related to the implementation of fraud,More use is the crime of helping telecommunications network crime activities and related judicial interpretations,But there are differences in the application of legal interpretation。Last,The problem of property disposal involved in the case。Limited to the characteristics of cyber crime,It is difficult to build a one -to -one capital flow,Therefore, it is difficult to form a corresponding clear return。

There are three judicial governance paths to deal with telecommunications network fraud crimes。First,From the perspective of punishment,,It should be strengthened to crack down on crimes。Adopt the long -arm jurisdiction of the "case discovery of the case",The characteristics of effectively responding to the blooming of cyber bet365 best casino games crimes,Forms a situation where everyone can report the case; improve the "illegal use of information network、Explanation of several legal issues such as helping information network criminal activities such as criminal cases ",Weaken fraud funds evidence chain flow one -to -one proof relationship,Reform the "payment settlement amount" to establish crimes and non -crime standards for "account capital flow transition"; it is strictly forbidden to sell their bank card number、Mobile phone number, etc. involving personal information involved in transfer payment; strengthening cross -border judicial assistance,Establish a special surrender system for the suspects of "lost" suspects in the crime of cyber fraud,To better destroy the telecommunications network fraud criminal organization。

Second,From recovery dimension,,It should focus on reducing the loss of the victim。Improve the recovery and return mechanism of property involved,Refers to the property in a timely and effective manner; provide civil claims for the victims,Suspects engaged in telecommunications network fraud for lifekeeping,Break through the tradition "without penalty,Punishment of penalties for governance,It is stipulated that the criminals will be after the sentence of the sentence,Civil compensation of the victims is still required; training for judicial staff,Pay attention to the construction of a soothing mechanism for the mental trauma of the victim; strengthen the cooperation of judicial departments and telecommunications Internet companies,Create a database of cyber fraud crime,To update the dynamic data of the crime in time,Effective regulation of telecommunications network fraud crime governance strength,To better realize judicial justice,Reduce the loss of victims。

third,In terms of preventive dimensions,,It should be strengthened for the victims。Alert education through typical cases; research on the number Bet365 app download of online lending platforms for individuals and the correlation of potential victims,Reduce the risk of being deceived from the source; increase the banking department、Telecom operator、Informing obligations and supervision obligations of the subject of network operators,Strengthen the protection of personal information of citizens from a technical perspective,Prevention abuse。

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