Application and Regulation Improvement of Presumption in the proof of Telecom Network Fraud and Related Crime Cases
The frequent occurrence and rapid growth of related crimes such as telecommunication network fraud,infringement of personal information and assistance in information network criminal activities seriously endanger people's property security and so-cial stability.In order to meet the strong practical needs of severely cracking down on the above-mentioned crimes,there are dif-ficulties in proving such matters as the determination of the amount of crime,the determination of the amount of personal informa-tion of batch citizens,and the determination of the subjective guilt of the actor.Relevant laws and regulations are increasingly cre-ating presumption rules to resolve these difficulties.However,the presumption rule,while simplifying the method of proof and re-ducing the burden of proof of the prosecution,inverts the burden of proof to the defendant,which may impact the basic principle of the distribution of the burden of proof in criminal proceedings,and may also reduce the standard of proof of the case as a whole,and the presumption rules of'may'mode increase the risk of abuse of discretion.Therefore,the principle of the final ap-plicability of criminal presumption should be adhered to,the standard of proof for the defendant to refute the presumption should be based on'reasonable doubt',and the creation of presumption rules should be minimized.
telecom network fraudpresumption rulespresumption rebuttalhuman rights protectionpreventive criminal law
万方数据
维普
