In order to solve the structural conflict between the crime of telecom network fraud and the traditional investigation jurisdiction, the criminal justice has horizontally developed the pattern of “large investigation jurisdiction” of “multi place co management” and “person case connection”, and has vertically established the “investigation jurisdiction centralism” mode that investigation jurisdiction determines trial jurisdiction (including prosecution jurisdiction). However, the pattern of large-scale investigation jurisdiction leads to the horizontal jurisdiction conflict of public security organs in different regions, and the centrality of investigation jurisdiction has triggered the vertical jurisdiction disputes of public security, procuratorial and judicial organs. In view of the practical dilemma of the investigation system of the public security organs and the fight against and governance of the telecom network fraud, the jurisdiction of large-scale investigation is still a relatively reasonable choice for criminal justice at present, but the regional jurisdiction and the designated jurisdiction system should be optimized to reduce the horizontal jurisdiction conflict between different local public security organs. At the same time, criminal justice should adjust “taking investigation jurisdiction as the center” to “taking investigation jurisdiction as the guidance”, recognize the guiding function of investigation jurisdiction, but should improve the vertical jurisdiction dispute coordination mechanism of public security organs.
陈如超. 电信网络诈骗犯罪侦查管辖制度的反思与调整[J]. 浙江工商大学学报, 2022, 36(5): 60-71.
CHEN Ruchao. Reflection and Readjustment on the Investigation Jurisdiction System of Telecom Network Fraud. Journal of Zhejing Gongshang University, 2022, 36(5): 60-71.