Opinions of the Supreme Procuratorate on Strictly Punishing Crimes Related to Infringement of Citizens' Personal Rights such as Cyber Violence

2023-04-19

Recently, the Supreme People's Procuratorate issued the "Opinions on Strengthening the Network Rule of Law Work of Procuratorial Organs in the New Era" (hereinafter referred to as the "Opinions"), which put forward specific requirements for strengthening the network rule of law work of procuratorial organs in the new era. The Opinion has a total of 21 articles in 6 aspects, proposing to strictly punish crimes related to infringement of citizens' personal rights such as "online violence" in accordance with the law. At the same time, it is necessary to strengthen forward-looking research on legal issues related to new technologies and business formats such as artificial intelligence, blockchain, and cloud computing, and strengthen comprehensive security risk assessment. The Opinion proposes to maintain a strict crackdown on criminal activities such as online gun sales, drug trafficking, pornography, and gambling. In accordance with the special action plan for cracking down on and punishing cybercrime, we will work together with relevant departments to severely crack down on organizations that use information networks to carry out criminal activities such as "arbitrage loans", soft violence collection, and malicious claims. We will crack down on telecommunications network fraud and related crimes throughout the entire chain in accordance with the law, and actively participate in special actions such as "card interruption", "flow interruption", and "nail removal"; Lawfully prosecute the front-end for illegally collecting, providing, and buying and selling personal information of citizens, while the back-end uses "distribution platforms", virtual currencies, and live streaming rewards to engage in crimes such as "money laundering". The Opinion also proposes to severely punish crimes related to infringement of citizens' personal rights such as "online violence" in accordance with the law, deeply explore the industrial chain and interest chain behind it, severely crack down on suspected crimes such as "online water army" rumor and diversion, public opinion extortion, traffic control and evaluation, paid post deletion, etc., and collaborate to rectify prominent issues such as "self media" rumor and rumor spreading, counterfeiting, and illegal profit making, and strengthen the publication and exposure of typical cases, Purify the online public opinion environment. In terms of increasing the judicial protection of citizens' personal information, the Opinion proposes to strictly punish "data black enterprises", "industry insiders", as well as crimes such as mass leakage, trading, and "dark network" trading of citizens' personal information in accordance with the law. Accurately grasp the principles and boundaries of citizens' personal information processing, coordinate the development and utilization of data information, privacy protection, and public security, and increase the civil procuratorial supervision of cases involving citizens' personal information and privacy rights. We will continue to increase efforts in handling public interest litigation cases around sensitive personal information, specific groups, and key areas of citizen personal information, and actively explore the establishment of a punitive compensation system for civil public interest litigation. In response to the current situation where the legitimate rights and interests of minors are more vulnerable to infringement in the online world, the Opinion proposes to adopt a "zero tolerance" attitude, strictly punish online crimes that infringe on the rights and interests of minors in accordance with the law, and highlight the punishment of criminal activities such as adult coercion, instigation, inducement, and deception of minors to participate in telecommunications network fraud and assist in information network crimes. For minors suspected of cybercrime, we will adhere to legal punishment and precise assistance and education, and promptly educate, influence, and rescue them; Timely carry out comprehensive assistance and protection for minors who have been harmed by crimes. In addition, it is necessary to strictly implement the requirements of the Law of the Law of the People's Republic of China on the Protection of Minors on the Protection of Minors on network protection, coordinate to strengthen network governance involving minors, and promote family, school, society, network platform Coordination and joint efforts by the government and other parties

Edit:Ying Ying    Responsible editor:Jia Jia

Source:People.cn

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