Strengthening the Empirical Research on the Crime of Telecommunication Internet fraud

2023-07-31

The crime of telecommunication Internet fraud refers to the act of defrauding public and private property through remote, non-contact and other means with the purpose of illegal possession and by means of telecommunication network technology. Although telecommunications Internet fraud crimes occur frequently and do serious harm, the author's search and research found that the research results on the subject of telecommunications Internet fraud crime are not deep enough. The current research on telecommunications Internet fraud crime in the field of legal theory is mainly based on the normative legal research paradigm. Its research focus is to solve the problem of criminal punishment for criminals, and how to prevent the occurrence of telecommunications Internet fraud crime There are few studies on how to play the role of victims in Crime prevention. The main reasons for the failure to produce high-quality theoretical research results to guide the practice of combating and managing telecom Internet fraud crimes are as follows: First of all, many people still stay in the traditional economic benefit interpretation of "people die for money, birds die for food" and "greed leads to fraud". It is undeniable that most of the criminals who commit the criminal act of telecommunication Internet fraud are for the purpose of making illegal profits, but there are also a small number of people who mistakenly enter it because of the false recruitment information issued by the criminal group of telecommunication Internet fraud. At the beginning, they just wanted to find jobs. At the same time, a considerable number of victims were deceived and handed over their property to criminals for punishment, not because of personal greed in order to profit, such as encountering "public prosecution fraud" or "impersonating leadership fraud". The victims delivered their property based on the coercive force of "power institutions" and "authoritative departments"; Another example is some "Romance scam" telecom Internet fraud implemented in the name of marriage and love. The victim is cheated based on the normal needs of making friends. Secondly, the research of normative law mainly solves the problem of how to convict and sentence, which is of low guiding value for preventing the crime of telecom Internet fraud. At present, the fight against and governance of telecommunications Internet fraud crime is mainly to adopt the crime of fraud in Article 265, the crime of illegal use of information network in Article 287 of the Criminal Law, the crime of helping information network criminal activities and other charges for governance. The relevant research on telecommunications Internet fraud mainly focuses on the determination of accomplice liability, electronic evidence capability, burden of proof and other aspects, and the legal issues involved in these studies are universal issues, The main method used is normative research, which serves the conviction and sentencing of judicial organs. There is less empirical research on the particularity of telecom Internet fraud, and less research on how to effectively reduce telecom Internet fraud. Finally, telecom Internet fraud involves professional technical knowledge, which is not mastered by ordinary people, which leads to the difficulty in matching the theoretical research on telecom Internet fraud with the corresponding prevention mechanism. For example, if you use the number changing software program to call the victim, what is the Mathematical logic that the number changing software runs, and what are the functions of the number changing software? To answer such questions, researchers need to possess professional computer and communication knowledge. Moreover, preventing and curbing the crime of telecom Internet fraud is a complex work, which is not only a legal issue, but also a social issue. Combating this crime requires not only new technological development, but also the understanding and attitude of various social subjects. Therefore, it is necessary to strengthen the empirical research on the criminals and victims of telecommunications Internet fraud. If one

Edit:Wang Chen    Responsible editor:Jia Jia

Source:rmfyb.chinacourt.org

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