Determination Of the Amount of Cross-Border Telecommunication Fraud Crime in The Era of Big Data

Abstract

The new features of Cross-border telecommunication network fraud criminal activities become the main reason why amount of the crime is difficult to be designated as fraud. Based on the characteristics of the organization of cross-border telecommunications network fraud criminal activities, the amount of fraud for the determination of joint crimes cannot be adopted as the amount of proceeds of crime, and the loss of victims should become the basic standard. In view of the broad and unspecific characteristics of the victims, the facts of the whole case should be analyzed comprehensively when all the victims cannot be found. In order to determine the amount of crime committed by each member of a criminal group, it is not sufficiently rigorous to follow the current doctrines alone. The doctrines of total amount of the crime and amount of participation should be applied in a comprehensive manner to the roles within the group, respectively. Specific amounts should not be determined differently from one administrative region to another because of differences in economic levels, and absolute uniformity should be maintained. For cases where the amount of fraud is also difficult to verify, it is reasonable to use non-amount standard circumstances. Ultimately, the amount of cross-border telecommunications network fraud can be systematically and reasonably recognized. This paper will take China as the research object and combine the method of comparative analysis to provide suggestions for China's governance of cross-border typical network fraud criminal activities.