The Dilemma and Way out of the Operation of the Compensation Mechanism for Telecom Fraud Cases
The Anti-Telecom Network Fraud Law has improved the system construction of preventing and combating telecom fraud activities in one body,but in the past telecom fraud cases,the recovery of stolen goods and damage caused by multiple subjective and objective reasons are not timely,which will not only further expand the damage results,but also easily produce social governance risks derived from the victims'dissatisfaction.In view of the problem of the return of illegal gains to victims,the judicial system in various places shows a multidimensional tendency,forming an opposing position of victim protection and defendant rights protection.However,victim protection should be the proper position to deal with telecom fraud refunds,and on this basis,reasonable distribution of the defendant's responsibility should be taken into account.The target of victim protection can be achieved by expanding the scope of the subject of responsibility,accurately applying joint and several liability and pre-return procedures.And the incentive system of fair recovery and refund is the guarantee of realizing the fair liability of the defendant.
telecom fraudjoint liability for returns and lossesvictim protectionreasonable distribution of responsibilitiesreturn incentive
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