The new regulations on cracking down on electronic fraud will come into effect on December 1st

2024-12-12

Fake shopping, cashback for brushing orders, impersonating customer service leaders and acquaintances... Currently, telecommunications fraud has become the fastest-growing type of criminal case in terms of quantity. As of December 1, the Joint Punishment Measures for Telecommunication Network Fraud and Related Offences (hereinafter referred to as the "Punishment Measures") jointly issued by the Ministry of Public Security, the National Development and Reform Commission, the Ministry of Industry and Information Technology and the People's Bank of China came into force. The punished individuals will face disciplinary measures in three areas: finance, telecommunications networks, and credit. Zheng Xiang, Deputy Director of the Criminal Investigation Bureau of the Ministry of Public Security, who adheres to the principle of fair punishment, introduced that as a non-contact crime, the reason why telecommunications network fraud can be carried out is because there are a large number of black and grey industry practitioners who support the illegal activities of telecommunications network fraud. They provide assistance to telecommunications network fraud activities through renting and selling phone cards and bank accounts, selling personal information, promoting traffic diversion, program development, and "running points" money laundering. "In addition to the changeable fraud tactics, the upgrading of technical confrontation, the transfer of crime dens overseas and other reasons, the fact that criminal gangs can continuously obtain other people's crime tools such as telephone cards, Internet of Things cards, SMS ports, bank accounts, payment accounts, Internet accounts through purchase, lease, borrowing and other means is also an important reason for the frequent occurrence of such crimes." Zheng Xiang said. According to the provisions of the Punishment Measures, units, individuals and relevant organizers who illegally trade, rent or lend three or more Internet accounts, or illegally trade, rent or lend Internet accounts to more than three objects can be identified as punishment objects. Those who are held criminally responsible for committing telecommunications fraud and related crimes shall be subject to financial punishment, telecommunications network punishment, and credit punishment measures, with a punishment period of three years; Units, individuals or relevant organizers who have been identified by the public security organ at or above the level of a city divided into districts as having illegally traded, leased or lent telephone cards, Internet of Things cards, fixed telephones, telecommunications lines, SMS ports, bank accounts, payment accounts, digital RMB wallets, Internet accounts, etc., are applicable to financial punishment, telecommunications network punishment and inclusion in the basic database of financial credit information. The punishment period is two years. The Punishment Measures clearly impose different types of punishment on different punishment objects, reflecting that the punishment is equivalent. The "Disciplinary Measures" are an important supporting document to ensure the implementation of the Anti Telecommunications Network Fraud Law, and also an important measure to further promote the deepening of the crackdown and governance of telecommunications network fraud crimes on the occasion of the second anniversary of the implementation of the Anti Telecommunications Network Fraud Law Zheng Xiang said. The "Disciplinary Measures" also propose that those who commit telecommunications network fraud and related crimes and are held criminally responsible shall be included in the list of serious dishonest entities in "telecommunications network fraud". After being included in the list of serious dishonest entities, the relevant information of the responsible parties will be shared on the national credit information sharing platform. In recent years, the National Development and Reform Commission has continuously strengthened the construction of the national credit information sharing platform. As of now, the platform has collected over 78 billion pieces of credit information from more than 180 million operating entities, becoming the overall hub for credit information collection and sharing Xing Xiaodong, Deputy Director of the Finance, Banking and Credit Construction Department of the National Development and Reform Commission, said. The establishment of a long-term supervision system and the "Disciplinary Measures" have further standardized and refined the disciplinary measures for telecommunications networks. How to punish the punished objects for using telecommunication services and Internet applications? Liu Bochao, Deputy Director of the Network Security Administration of the Ministry of Industry and Information Technology, said that, specifically, after receiving the punishment list from the public security organ, the Ministry of Industry and Information Technology will organize telecommunications business operators and Internet service providers to punish the punished objects (including units and individuals) according to their responsibilities and laws. The scope of punishment includes the telephone card, Internet of Things card, telecommunication line, SMS port and other telecommunication services under the name of the punished object, as well as the Internet account functions and services with fraud risk. The disciplinary measures mainly include two aspects: one is to restrict the use of existing business under the name of the punished object, and the other is not to handle new business for the punished object Liu Bochao stated that among these punitive measures, "punishment" is only a means, and "discipline" is the ultimate goal. On the one hand, it can increase the illegal cost of the punished objects, form a strong constraint on the punished objects in the information and communication industry, urge the punished objects to "quit" their own dishonest behavior, effectively prevent more illegal acts, on the other hand, it can have a warning and deterrent effect on the society, guide all kinds of subjects to use telecommunications and Internet services legally and in compliance, and promote the healthy development of the industry. Ultimately, by collaborating with other relevant departments, each performing their own duties, and forming a joint force, we will promote the construction of a long-term supervision system of "one violation, multiple restrictions" to better serve the fight against and governance of telecommunications network fraud and criminal activities. Liu Bochao emphasized that the Ministry of Industry and Information Technology will strictly follow the principle of "complying with laws and regulations, and imposing appropriate punishments", and take necessary measures to safeguard the legitimate rights and interests of the punished objects. When determining the scope of punishment, strictly follow the relevant provisions of the Anti Telecommunications Network Fraud Law; During the disciplinary period, a non involved phone card will be kept for the punished person. "This non involved phone card can be bound to the Internet account under the name of the punished object. The Ministry of Industry and Information Technology will fully guarantee the right to know of the punished objects, and cooperate with the public security organs to clearly inform the punished objects of their relevant rights and communication channels in the punishment notice. The Ministry of Industry and Information Technology will establish an appeal relief mechanism with the public security organs, clarify the procedures for accepting, circulating, and handling appeals, and cooperate with the public security organs to carefully carry out relevant work, ensuring that relevant complaints and appeals are promptly and effectively handled Liu Bochao said. According to Xing Xiaodong's introduction, in accordance with the requirements of the "Disciplinary Measures", the National Development and Reform Commission, together with relevant departments, will take credit punishment measures in accordance with laws and regulations. Those who commit telecommunications network fraud and related crimes and are held criminally responsible will be included in the list of serious dishonest entities in "telecommunications network fraud". The public security organ reminds the masses not to illegally trade, rent, lend, fake another's identity or create an agent relationship to open a phone card, Internet of Things card, telecommunications line, SMS port, bank account, payment account, Internet account, and not to participate in helping fraudsters set up call forwarding equipment, promote diversion, transfer funds involved in fraud and other illegal and criminal acts, so as to prevent being used by criminals to carry out fraud activities on telecommunications networks. How do commercial banks and payment institutions coordinate risk prevention and optimization services in the governance process of telecommunications fraud 'fund chain'? Yang Qing, Deputy Director of the Payment and Settlement Department of the People's Bank of China, said that the People's Bank of China attaches great importance to the precise governance of the "capital chain" and guides commercial banks and payment institutions to make overall plans to prevent and control fraud related risks and optimize services. We cooperate with the public security organs to accurately assess the risk of account fraud and do not adopt a 'one size fits all' risk prevention measure. Establish a sound risk prevention system, guide commercial banks and payment institutions to strictly fulfill their disclosure obligations in implementing risk prevention measures, and improve evaluation and dynamic optimization adjustment mechanisms. Strengthen technical defense construction, guide commercial banks and payment institutions to apply big data analysis and other technological means, and continuously improve the scientificity, accuracy, and effectiveness of risk prevention measures. Smooth the channels for public appeals and remedies, guide commercial banks and payment institutions to timely accept and handle public objections and appeals, do a good job in explaining and guiding, and continuously improve the level of payment services Yang Qing said. Yang Qing reminds everyone to enhance their awareness of prevention, not to sell, rent, or lend their bank accounts, payment accounts, etc. to others, not to provide their own collection codes for receiving or transferring funds of unknown origin to others, and not to provide real name verification assistance such as online banking U-shields and dynamic verification codes to others, effectively preventing illegal elements from using them to carry out telecommunications network fraud activities, and jointly building a 'fraud detection and anti fraud' social network

Edit:Rina    Responsible editor:Lily

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