A Case Analysis on Fraud Crime Through Phone
|Keywords||Telephone fraud Crime of fraud Joiner of offenses|
Through the reform and opening-up of more than30years, the socialist marketeconomy system has been improved, and the economy has obtained the achievementwhich attracts worldwide attention. With the development of Hi-tech in thetelecommunications network, various crime methods of high intellectualized andtechnology, with information resource as the carrier，begin to emerge in an endlessstream. Especially, the criminal fraud by telephone, which has increased tremendously,is a serious threat to the security of the lives and property of the people of all china’sethnic groups, as well as to the country’s social stability.It is the main task for the judiciary to effectively strike and control the criminalfraud by telephone. Nevertheless, regulation concerning fraud crime in current china’scriminal law is indistinct to some extent. Therefore, there is argument on identificationof the crime, which is unfavorable to punish rampant activity of fraud. This thesismainly takes demonstration research as the research method, as well as speculativemethod. It tries to analyses the fraud crime case leaded by Lin Zhilang in Taiwan andhas a deep research on the act of posing as a state personnel to defraud by phone. Thedissertation consists of four parts: the case introduction, the focus of the case, the debateand differences of views in the case and the conclusion of the research. This thesismainly states two points: firstly, How to identify the act of posing as a state personnel todefraud by phone. Does the Lin Zhilang criminal gang activities belong to fraud crimeof cheating and bluffing or the fraud crime or the imaginative joiner of offenses, whichis the focus of the study. And then the author presents her point of view to the focus andthe divergence of the case Secondly, it elaborates my points of view on the focus anddifferences on the case.The focus of the case contains three aspects: firstly, the nature of crime of swindlergroup, that is controversy between common fraud crime and Offence of posing as astate personnel to cheat. Secondly, the identification of the amount of the crime. Thirdly,the issue of conviction of Miss Bai who is in charge of daily life of the gang.From the point of criminological examination, this thesis states the presentsituation of the fraud crime by phone and then has legal principle studies on the fraudcrime by phone, explaining the features and reasons of this kind of crime. Finally,according to related regulations of foreign laws, the dissertation makes feasibility suggestions on dealing with the fraud crime by phone.