On June 5, 2021, a conference on Criminal Law and Regulation of New Fraud Crimes in Network Black and Gray Industry was held in Nanjing, hosted by Southeast University Law School, Southeast University Network Security Rule of Law Research Center and Southeast University Civil Prosecution Research Base. Experts and scholars from Southeast University, China University of Political Science and Law, Anhui University, Nanjing University of Finance and Economics, together with experts and scholars from the Supreme People's Court, Jiangsu Provincial High People's Court, Jiangsu Provincial Public Security Department, Shanghai Municipal People's Procuratorate, Nanjing Municipal People's Procuratorate, Nanjing Municipal Public Security Bureau, Suzhou Municipal People's Procuratorate, Suzhou Xiangcheng District People's Procuratorate, Ma'anshan Yushan District People's Court, Racer Technology Co. Ltd, Beijing Wanshang Tianqin (Nanjing) law firm, Zhejiang Kenting law firm, Zhejiang Zedai (Shaoxing) law firm and other units of practice experts, nearly 100 people attended the meeting.
The conference has the opening ceremony, the basic theory of new fraud in the network black and gray production, the specific identification of new fraud in the network black and gray production, the closing ceremony four links.
The opening ceremony of the first unit was hosted by Professor Xiong Zhanglin, Vice Dean of Southeast University Law School. Firstly, the speech was delivered by Mao Huixi, Secretary of the Party Committee of Southeast University Law School. Secondly, Prof. Liu Yanhong from China University of Political Science and Law gave a keynote speech on Systematic Management of Telecommunication Network Fraud Crimes by Rule of Law, combining the intergenerational characteristics of network fraud crimes, summarizing the rules of handling new crimes, and proposing to properly deal with the relationship between security and development, and to uphold the systemic concept and rule of law thinking to combat network fraud crimes. The keynote speech was delivered in four aspects.
The second module was hosted by Professor Yin Ji, Director of Civil Prosecution Research Center of Southeast University. A total of five speakers gave excellent speeches on the theme of the basic theory of new types of fraud in network black and grey products, combining theory with practice. Wang Yong, Deputy Procurator General of Suzhou Municipal People's Procuratorate, pointed out that the rules of fraud should return to the essential features of fraud to identify the crime of telecommunication network fraud and further elaborated on it. Professor Wang Jun from the School of Law of Nanjing University of Finance and Economics expressed his views on how to deal with the new type of online fraud from the perspective of criminal law doctrine with the title of The Criminal Law Regime of the New Type of Online Fraud. Associate Professor Yu Chong from the School of Criminal Justice of China University of Political Science and Law discussed the trend of precision, chain and network black and grey fraud and its criminal law response to today's telecommunication network fraud crimes with the topic of Criminal Law Response to Network Black and Grey Fraud Crimes. Meng Jie, Vice President of Cryptofinance, discussed the new violations in online transactions and the platform's measures to respond to them with the topic of New Violations in Online Transactions and Platform Response. Associate Professor Chu Chencheng of Anhui University Law School expressed his views on the judicial difficulties and theoretical research in telecommunication fraud from the perspective of practice.
The keynote speech of the third module was hosted by Judge Xu Lei of the Second Criminal Court of Jiangsu Provincial High People's Court. Around the theme of the specific determination of new types of fraud in network black and grey products, a total of five speakers made wonderful speeches by combining theory with practice. The Director of the Criminal Division of the Research Office of the Supreme People's Court, Mr. Yu Haisong, put forward his views on the conviction and sentence of wool-gathering and hang-ups with the topic of Substantive Judgment on the Qualification of Fraudulent Acts in the Network Black and Gray Industry, combining the principle of balance of crime and punishment. The prosecutor of Shanghai Municipal People's Procuratorate, Ding Qi, discussed the issue of malicious returns to earn shipping insurance with the topic of Several Judicial Determination of Malicious Returns to Earn Shipping Insurance. Sun Ping, Director of Security of Byte Jump, shared his views on the topic of Discussion of Effective Regulation of Fraud Crimes in Malicious Return of Online Shopping. Prosecutor Du Xuan of Nanjing Municipal Procuratorate shared his views on the subjective intentional determination of new online shopping fraud crimes in terms of the elements of awareness, the elements of will and the degree of awareness with the topic The subjective intentional determination of new online shopping fraud crimes. Zhongguancun network security and information industry alliance director, zhejiang kending law firm co-founder Ouyang kunpui lawyer, the use of system loopholes to deceive the characterization of the act of property, from the crime of fraud and theft crime incrimination logic to use the system loopholes to deceive the act of property.
Professor Ouyang Benqi, Director of Southeast University's Research Center for Cybersecurity and Rule of Law, concluded the fourth session. Prof. Ouyang Benqi summarized the conference into three parts: governance of telecommunication network fraud, basic theory of telecommunication network fraud, and specific characterization of telecommunication network fraud, and expressed his heartfelt thanks to all the experts and scholars for coming.
The conference focused on the frontier issues related to new fraud crimes in network black and grey products, and the participating experts and scholars conducted in-depth discussions and exchanges around the theme of the conference, which collided with the sparks of ideas in the benign interaction between academic research and judicial practice and gathered a broad consensus, providing a clear direction for improving the basic theory of new fraud in network black and grey products and the specific characterization of criminal acts.