Download pdf
Research on Evidence Issues in Telecommunications Network Fraud Cases
- 1 North China Electric Power University
- 2 Henan Agricultural University
- 3 ShangHai University of Political Science and law
* Author to whom correspondence should be addressed.
Abstract
With the development of communication tools such as mobile phones and computers, telecommunications network fraud crimes in China have continued to be rampant, causing huge financial losses to the public. Due to the particularity of telecommunications network fraud, its evidence presents characteristics such as difficulty in the collection, differences in electronic certification, and a high degree of electronification. There are many problems in evidence collection, examination, and determination. Given the above issues, this paper proposes suggestions such as improving the custody chain regulations and using experience rules to assist the proof model based on the “Anti-Telecommunications Network Fraud Law of the People’s Republic of China”, to more effectively combat telecommunications network crimes.
Keywords
telecommunications network fraud, electronic evidence, proof model
[1]. Li, Y., & Qi, P. (2022). Research on International Cooperation in Combating Cross Border Telecom Network Fraud Crimes. Journal of Shandong Police Academy, No.34(03), 113-123.
[2]. Li, Q. (2022). Research on Electronic Forensics in Telecommunication Network Fraud Cases. Police Research, 06, 52-57.
[3]. Zhi, J. (2022). Research on the Issue of Evidence in Telecom Network Fraud Cases. Journal of Law Application. Journal of Law Application, No.486(09), 168–176.
[4]. Zhao, H., Huang, X., & Li, X. (2022). Research on the Authenticity of Electronic Evidence in Criminal Proceedings. Journal of Shandong Police College, 34(04), 120–124.
[5]. Peng, H. (2022). Research on Rules for the Review and Judgement of Electronic Evidence in Criminal Proceedings. Central China Normal University.
[6]. Kong, X. (2018). Research on the Authentication Rules of Real Evidence ——Based on the Existing Problems in the System of the Chain of Evidence Custody. East China University of Political Science and Law.
[7]. K. Lee Lerner & Brenda Wilmoth Lerner(eds.), World of Forensic Science, Kentucky: Gale, 2005, p.548.
[8]. Chen, R. (2015). On The Presumption In Criminal Law. Law Science, 05, 105–116.
[9]. Long, Z. (2021). Issues in the Application of the Experience Rules in Criminal Proof. Chinese Criminal Science, 05, 55–70.
[10]. Li, L. (2022). Research on Rules for Determining the Number of Crimes in Telecommunications Network Fraud Cases. Southwestern University of Finance and Economics.
[11]. Yang, F. (2019). Rule of Law Responses to Criminal Sampling in the Context of Massive Evidence. Law Review, 37(05), 105–112.
[12]. Wu, C. (2017). Discussion of Difficult Issues in Telecommunication Network Fraud Cases. Legal Application, 21, 40–50.
Cite this article
Yan,J.;Xu,X.;Zhang,K. (2023). Research on Evidence Issues in Telecommunications Network Fraud Cases. Lecture Notes in Education Psychology and Public Media,17,49-56.
Data availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
Disclaimer/Publisher's Note
The statements, opinions and data contained in all publications are solely those of the individual author(s) and contributor(s) and not of EWA Publishing and/or the editor(s). EWA Publishing and/or the editor(s) disclaim responsibility for any injury to people or property resulting from any ideas, methods, instructions or products referred to in the content.
About volume
Volume title: Proceedings of the 4th International Conference on Educational Innovation and Philosophical Inquiries
© 2024 by the author(s). Licensee EWA Publishing, Oxford, UK. This article is an open access article distributed under the terms and
conditions of the Creative Commons Attribution (CC BY) license. Authors who
publish this series agree to the following terms:
1. Authors retain copyright and grant the series right of first publication with the work simultaneously licensed under a Creative Commons
Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this
series.
2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the series's published
version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial
publication in this series.
3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and
during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See
Open access policy for details).