两岸跨境电信诈骗犯罪法律规制的比较:问题与前景

Comparative Study on Telecommunications Fraud Crime Legal Regulation of Across the Taiwan Strait

当前,电信诈骗团伙科技手段不断翻新,威胁海峡两岸人民群众的财产安全。本文立足比较法视野,阐述电信诈骗的由来、界定及分类,对海峡两岸对电信诈骗的法律规制进行对比分析,从立法位阶、适用范围、执法追责、量刑处罚、犯罪预防、维权监督等方面进行比较研究,提出完善法律法规、强化行业联动、加强合作打击、提高民众防范意识等方面粗浅建议。

Nowadays, the technology of telecommunication fraud crime has been turned out continuously,threatening the property security of the people on both sides of the Taiwan Strait. And the judicial cooperation between the two sides is currently confronted with new challenges. This article is based on the vision of comparative law, presenting the origin, definition and classification of Telecom fraud crime, and making full comparison and analysis of legal regulation of telecommunication fraud crime on both sides of Taiwan Strait.What's more, the author made some superficial recommendations on ways to complete laws and regulations,strengthen industry linkage, enhance cooperation of crime-combating and improve the citizen's prevention consciousness based on the comparative study ranging from legislation level, application, enforcement, sentencing and punishment, crime prevention to supervision of rights and so on.