Solving telecommunications network fraud crimes with new thinking conflict jurisdictions
March 15, 2023 09:20 Source: "China Social Sciences" March 15, 2023 Issue 2610 Author: Pan Xia Wang Churan

Telecom Network fraud crime is to use calls、Send SMS or the Internet and other technical means,Through fictional facts、Create scams,Actions to deceive public and private property by non -contact method。The main body of fraud with traditional fraud activities、Compared with the extreme dependence of the scam object with time and space,The blessing of telecommunications network technology breaks the restrictions of regional factors,Not only leads to the surge in the number of fraud cases,Serious infringement of the property rights and interests of the people,At the same time, it also challenged the country's effective blow to such crimes。Investigation、Responsibility、Trial work gradually expands,In the case of case handling, you need to determine the appropriate investigation agency,and most of the telecommunications network fraud crimes are widely radiated,When multiple public security organs enjoy the jurisdiction of investigation,Where is the public security organs from the public security organs in charge of case investigation is a big difficult problem。

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my country's "Criminal Procedure Law" has not stipulated the investigation jurisdiction。The relevant content involving the jurisdiction of the investigation appeared in the Supreme People's Court's "Interpretation of the Application of the Criminal Procedure Law", "Regulations on the Procedure of Criminal Cases for Public Security Organs" and the Supreme People's Court、Supreme People's Procuratorate、"Opinions on Criminal Cases and other criminal cases such as telecommunications network fraud issued by the Ministry of Public Security" and "Opinions on Criminal Procedures for Criminal Procedures for Criminal Procedures for Criminal Procedures for Criminal Procedures for Criminal Cases of bet365 best casino games Information Networks"。These normative documents present two characteristics: First, the principle of pursuit of minimum connection in investigation of jurisdiction。The interpretation of the text of the "criminal land", whether it is expanding the "crime land",Including the average of criminal acts and criminal results,Still continuously expand the specific direction of "criminal land",All are intended to expand the main body of jurisdiction。Second, the treatment rules of the conflict of jurisdiction under the jurisdiction of the subject of jurisdiction。That is the case involved in many places,Investigation by the original acceptance of the public security organs or the public security organs of the main criminal place; when the jurisdiction is controversial,can be negotiated,If the negotiation is not possible,Specify the jurisdiction of the co -superior public security organs。

For this,A lot of criticism in the academic community,Not only is accusing the area of ​​jurisdiction exacerbated the jurisdiction,At the same time criticize the handling of jurisdiction conflict treatment, it is too simple,It is difficult to cope with actual。Some scholars propose to reduce the extension of the "criminal land" to reduce the occurrence of jurisdictions,Some advocate jurisdiction over the priority of crime sites,Another suggestion with the help of "the theory of actual harm" to distinguish the "main criminal place" and other。But so far, the standard level has not made any substantial modification,Not enough to deal with the problem of the conflict of the telecommunications network fraud case in practice。

  Reality Operation

The characteristics of sexual crimes against telecommunications network fraud,Under the leadership of the State Council,The public security system has continuously enhanced the ability to crack down on crimes,Adhering to the "one game of the country" thought,Establish an anti -fraud center,Establish anti -fraud big data platform,Connected into the construction bet365 best casino games of a new type of crime research and combat center,Explore intelligent collaborative case handling mode。The advantage of this way of investigation is that it can use the intelligent system to achieve information sharing in the platform,Easy to coordinate police forces,Concentrated cases。But,When a crime is involved in multiple places,How to determine the underwriting department of the case,This intelligent case handling method has not been effective,and it breaks through the requirements of existing specifications to a certain extent。

On the one hand,The intelligent system cannot avoid repeated acceptance of the case、File case,Can't prevent the occurrence of jurisdictions。The platform can share the victim、Criminal suspect、relevant evidence materials information involved in the account involved,But it does not show the progress of the investigation and office of various agencies。Most of the cases on the platform are named after being deceived by a victim,Data that will not say automatically,It is not enough to discover its value without research。If the actual actual situation is actually a case,The system will not automatically prompt the case with intersection。When the case is detected or the suspect pointed to the clear need to take further action,Only found that people have taken measures by other places,Previous,It is not easy to know whether there are cases in other places。Therefore, the system does not help avoid the occurrence of jurisdiction conflicts。

On the other hand,Intelligent system encourages collaborative cases,Emphasis on the benefits of the investigation,Based on this basis, the final investigation jurisdiction。The investigation section follows the case,To improve the enthusiasm of handling cases,Regardless of the active cracked local case、Create cases of other local cases or provide assistance for other cases,All are counted as the workload into the assessment。On the question of which public security organs Bet365 app download are determined to investigate and transfer the examination and prosecution,Its core basis is not the first acceptance time of the case or the place where the place is the main criminal place of the case,Focus on the investigation workload that has been completed in each accepted area or the land filed in the land industry。The key indicator of the workload is whether the suspect, especially the main criminals, are arrested。Except for being asked to assist the suspect by other public security organs,Generally speaking,The fact that the main criminal is controlled indicates that the public security organs have carried out a lot of in -depth investigation work。If there are more than one person in the main criminal,and the workload of public security organs in many places,At this time, be handed over to the designated jurisdiction at the upper -level organs or handles them separately。From the perspective of actual operation,To establish the final investigation jurisdiction,There is no sense of the time to accept the acceptance time,and it is difficult to determine when objective measurement indicators are determined when "main criminal land",There are many crimes on telecommunications network fraud、Evidence collection is difficult、Investigators to investigate and handle the enthusiasm of the investigator is not highly enthusiastic and under the actual situation,How much resources have been invested in the case -handling agency、What results (that is, the benefits of case handling) have become the main starting point of the final investigation of jurisdiction when jurisdiction in practice。

  Future breakthrough

Telecom Network Fraud Crime Supreme Characteria must be required to strengthen police collaboration。To ensure that the case handling agency participating in the cooperation enjoys legal jurisdiction,It is still necessary to follow the practice of expanding the interpretation of the "criminal land" text。On this basis,Further clarify the effective bet365 live casino games solution to help investigate the conflict of jurisdiction。Existing specifications can be summarized as three layers of response,In order: Avoid the rules of conflict (the first place of acceptance of the land or the main criminal land jurisdiction)、Solution rules when there are controversial jurisdictions (negotiated to determine jurisdiction)、The rules of pockets when the controversy cannot be resolved (designated jurisdiction)。But the investigation is the process of gradually discovering the facts of the criminal facts,Do not take investigation methods for excavation,I don’t know if the case involves many places、Where are involved。To investigate in -depth discovery of the case involving the case involved in multiple places, the case is hard to hand over the case to the original acceptance of the case.,and the jurisdiction of the "main crime" jurisdiction is also difficult to operate because it is directed by itself,Therefore, the first layer of normal response law does not work often。and frequent use of "negotiation", "designated" and other people's intervention laws are time -consuming and laborious,Not to mention "negotiation" and "designated", there is no clear reference standard。Such a complicated process is not friendly for the investigation work that must be struggling in seconds。

Therefore,Unexpected need to expand and resolve such conflicts。First,It is necessary to unify the core standards of the three -layer response law in combination with the actual combination of case handling。is about to "benefit the facts of crime、It is conducive to litigation "as a case involved in multiple criminal places when investigating the guidance principles determined by jurisdiction,Depending on the suspect, especially the primary criminals, whether the primary criminals are arrested、Number of people who capture the criminals、Number of victims in the place、The amount of the scam、Evidence materials collection and other indicators bet365 Play online games to establish case size、How many cases are reported and the progress of the public security organs that have been filed for investigation,So the case is left to the big case、Multiple cases、A large number of investigations have undergone the jurisdiction of public security organs。If you establish a guide in accordance with these refined investigations,Occasionally, when the public security organs still cannot determine when the jurisdiction is selected,Regardless of negotiation or designated jurisdiction,Continue to refer to these guidelines and make specific evaluations,Ensure that the underlying standards of the underlying standards of the underlying channels of the investigative jurisdiction。Next,Strengthen the construction of an information system for investigation and collaboration and warning mechanism,Set the channel for applying for the designated jurisdiction of the provincial or national public security organs。Once the public security organs who first accepted the case, the public security organs who first accepted the case and verified the case to involve the public through preliminary investigations、There are many participants in each criminal chain, and it is not enough to take this complicated situation,You can use a warning with the help of the case handling platform,Collect criminal information,and immediately apply for designated jurisdiction,In the initial handling of the case, the occurrence of jurisdictions should be curbed as much as possible。Last,Enhance collaboration awareness,Pass the assessment、rewards and other methods to improve the enthusiasm of public security organs。Telecom network fraud crime and evidence collection is difficult,Require manpower、Support for funding for handling cases,To avoid public security organs from being investigated and handled,or to deal with a few lighter crimes such as helping information network crime activities, it is perfunctory.,Need to increase the support for the handling of such cases,Enhanced the motivation of deep excavation,Passiveness in handling the case is Bet365 app download active,With the help of the investigation and other methods, the jurisdiction conflict caused by increasing the case。

 (This article is the difficulty of the establishment of the jurisdiction and response of Qingdao Social Science Planning Research Project "Telecom Network Fraud Criminal Specifications in Qingdao" (QDSKL2101037)

(Author Unit: School of Law of Ocean University of China)

Editor in charge: Chen Jing
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