Three highlights of the second trial of the draft anti telecom network fraud law

2022-06-23

The number of registered cases of telecom network fraud nationwide has decreased year on year for 12 consecutive months, and the case solving rate has increased year on year. At present, under the situation of high-pressure deterrence, the rising trend of telecom network fraud crime has been effectively curbed, but the situation is still severe and complex, with frequent cases, and showing the characteristics of organization, chain, changeable technical means, cross-border implementation, etc. On the 21st, the draft law on anti telecom network fraud was submitted to the 35th meeting of the Standing Committee of the 13th National People's Congress for second deliberation. As a special legislation of "small incision", on the basis of further summarizing the anti fraud work experience, the second review of the draft focused on strengthening the construction of preventive legal system, strengthening the compaction of all aspects of the main responsibility and social responsibility, increasing the punishment of offenders, and making accurate moves on "difficult points" and "pain points". Increase the subject of responsibility, strengthen anti fraud publicity, early warning and dissuasion Telecom network fraud can be prevented. It is better to solve more cases than to send fewer cases. To prevent telecom network fraud, the key is to work together in all aspects. The second review of the draft anti telecommunication network fraud law submitted for deliberation this time increases the relevant obligations of financial institutions, telecommunication enterprises, Internet enterprises and news media units to publicize anti telecommunication network fraud; We will expand the main body responsible for early warning and dissuasion, increase early warning and dissuasion measures taken by other departments and financial, telecommunications and Internet enterprises, and further release a clear signal of joint management and coordinated governance of anti fraud work. "Hello, have you installed the national anti fraud center app?" In the office hall, in the station square... Nowadays, people feel that anti fraud propaganda is in various forms and everywhere. The propaganda subject has also expanded from the public security organ to various related industries. A strong atmosphere of anti fraud for the whole people and the whole society is forming. On May 17, 2022, the police explained the knowledge of preventing telecom network fraud to the villagers in zhaitou village, tailie Town, Sansui County, Guizhou Province. Photographed by Xinhua News Agency reporter Yang Ying Early warning and dissuasion is an important experience in combating fraud. According to the data of the Ministry of public security, up to now, the app of the national anti fraud center has accepted more than 33.5 million tips from the masses and warned the masses 240million times; Public security organs in 29 provinces, autonomous regions and cities have opened 96110 early warning and dissuasion lines The key to early warning and dissuasion to be ahead of criminals is to seize every minute and control the speed with speed. Suijing, director of the network security administration bureau of the Ministry of industry and information technology, said: "the Ministry of industry and information technology, in conjunction with the Ministry of public security, launched the 12381 fraud related early warning and dissuasion system, upgraded the 'old people's family number early warning' and 'flash message dominating the screen early warning' functions, and greatly improved the effect of early warning and dissuasion. Since its launch in July last year, 73.8 million early warning SMS and flash messages have been sent, and the effective rate of early warning and dissuasion has reached 60%." Lixiaokai, associate professor of the school of criminal justice of China University of political science and law, believes that the draft anti telecom network fraud law has raised the effective publicity, prevention and early warning dissuasion measures in practice into legal provisions, and increased the publicity obligations and early warning dissuasion responsibilities of relevant departments, which is conducive to creating a strong atmosphere for anti fraud publicity and building the people's "defense line"; It is conducive to mobilizing various social forces to carry out early warning and dissuasion, and building a "firewall" together. Expand "capital chain" governance and improve the interception efficiency of cheated funds As a crime of infringing on property, the criminals of electric fraud aim at the "pockets" of the people. Different from the traditional "face-to-face" method of fraud, the fraud Gang uses the "Internet + finance" non-contact method to commit crimes, induce the victims to use network transfer, transfer the cheated funds into the illegal fund flow channel composed of several "head" bank accounts, payment accounts, and collection QR codes, and carry out the online transfer and "cleaning" of the cheated funds. With the rapid development of Internet finance, the criminals of electronic fraud have continuously changed the methods of money laundering by means of three-party, four-way payment, "running points" platform, digital currency, trade hedging and other means. The transfer speed is fast and the concealment is strong, which has brought difficulties to the public security organs in recovering the stolen money, and also put forward higher requirements for the management of the whole "capital chain". In this regard, the second review draft of the anti telecom network fraud law will expand the monitoring and governance objects of fraud from bank accounts and payment accounts to payment tools and payment services such as digital RMB wallets and collection barcodes. Xieling, associate professor of criminal investigation School of Southwest University of political science and law, believes that the inclusion of bank accounts, payment accounts and collection barcodes in the monitoring of fraud related funds is conducive to preventing diversified financial accounts from forming a money laundering channel for electronic fraud crimes, timely discovering the transfer trajectory of the cheated funds, and taking effective technical measures to intercept them to recover stolen goods and losses for the victims. With the cross-bank, cross regional and cross-border transaction characteristics of electronic payment and capital flow, the criminals of electronic fraud occupy overseas. In order to achieve the purpose of "taking money", they use the "head" bank account and the collection card code provided by the "running points" personnel to transfer the cheated funds for many times. In this regard, in order to ensure the effectiveness of monitoring and identifying abnormal accounts and suspicious transactions, the second review draft makes it clear that financial institutions can collect necessary transaction and equipment location information according to law. "Financial institutions collect necessary transaction and transaction equipment location information according to law, which can effectively identify suspicious transactions initiated from abroad, assess the risk of account fraud, buy time for the public security organs to stop payment, query and freeze the funds involved, and improve the timeliness of fund interception." Xie Ling said. Punishment for fraud shall be increased, and measures such as restricting the exit of persons involved in fraud may be taken At present, the transnational, cross-border organizational and scale characteristics of telecom network fraud gangs are becoming increasingly obvious. The leaders and backbones of the group often hide abroad, luring and recruiting inexperienced young people to engage in fraud activities abroad under the guise of high salary recruitment. According to the relevant person in charge of the Ministry of public security, over the past year, the Ministry of public security has successively sent several working groups to key countries and regions to carry out international law enforcement cooperation, repatriating more than 610 suspect from abroad; Organized and carried out the "cut-off" special action, destroyed 12000 illegal exit gangs, and arrested 51000 illegal immigration suspect. At present, the number of suspect who go abroad to commit fraud against China has decreased significantly. However, in some countries and regions, there are still many criminal gangs that commit fraud against our citizens. The police handling the case believed that the current signs showed that the telecom network fraud criminal groups began to transfer and spread to overseas areas where it was more difficult to crack down. According to the practical needs of combating cross-border telecom network fraud, the second review draft of the anti telecom network fraud law stipulates that the immigration management agency may decide to take relevant measures to restrict the exit of specific persons who are suspected of major fraud related activities or who are subject to criminal punishment for engaging in telecom network fraud. Guoli, a professor at the Law School of Peking University, believes that adding measures to restrict the exit of persons involved in fraud can reduce the difficulty of investigating and enforcing the law in cases of electronic fraud, strengthen the punishment and deterrence of illegal and criminal acts of electronic fraud, and prevent overseas from becoming an "extrajudicial place" for telecom network fraud. In addition, the second review of the draft increased the punishment of telecom network fraudsters, and increased the measures that can be taken to restrict the functions of their related checkpoints, accounts, account numbers and other functions, stop non counter services, suspend new services, and restrict access to the network. "The telephone cards, financial accounts and Internet accounts used by the criminals of electronic fraud are the information communication tools and fund collection tools for their fraud activities. A certain restriction on the personnel who are subject to criminal punishment for engaging in electronic fraud is conducive to further improving the basic management system of telephone cards, IOT network cards, financial accounts and Internet accounts, and preventing the crime of telecom network fraud from the source." Guoli said. (reporter Xiongfeng, Zhaixiang) (outlook new era)

Edit:Luo yu    Responsible editor:Wang er dong

Source:xinhuaNet

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