The anti -telecommunications network fraud method is coming, how strong is the punishment?Expert detailed explanation
Author:Jining News Network Time:2022.09.03
In recent years, the situation of telecommunications network fraud crimes has been severe, and it has a large proportion of criminal criminal cases and has received widespread concern in society. On the morning of September 2nd, the anti -telecommunications network fraud law was reviewed and implemented from December 1, 2022. What "difficulties" and "pain points" can its introduction be targeted? Lin Wei, Vice President of the University of the Chinese Academy of Social Sciences and the director of the Internet of the Internet of the Chinese Academy of Social Sciences, and the director of the Internet of Things of the Internet, pay attention to: anti -telecommunications network fraud, special laws come!
How to think of this "small incision" dedicated legislation?
Lin Wei, deputy principal of the University of Chinese Academy of Social Sciences and director of the Internet of Things of the Rule of Law of the Internet: The "small incision" mainly refers to the objects and behaviors applied by this law. Judging from the severe situation of telecommunications network fraud crimes, it has reached the point where the relevant system must be exerted. In addition, considering the past in the past, although there are relevant laws, there are relevant laws, but they are relatively scattered in general, and they are divided into different categories. They are not targeted. The level of law is not particularly high. Some are laws and some are administrative regulations. Therefore, in this case, as a special legislation, especially in the field of finance, communications, the Internet, it also includes the protection of personal information protection. From a comprehensive and comprehensive perspective, it is urgent to have such a A "small incision" legislation, fast and accurate legislation, severely crack down punishment for such crimes, can solve the current particularly urgent needs. I think this is a particularly important significance of this law.
How much can this law play on cracking down on telecommunications network fraud?
Lin Wei, deputy principal of the University of China and Director of the Research Center of the Internet of Things of the Internet: In the Anti -Telecom Network Fraud Law, the corresponding institutions should be provided with their responsibilities and obligations in the process of subsequent telecommunications network fraud management, and requested further performance. In terms of short -term or long -term effects, such a law will have a great effect on substantially curbing telecommunications network fraud. It should be reminded that the awareness of anti -fraud in ordinary citizens must also be improved. Otherwise, it will have a system, no awareness of prevention, and the legal system will not play a perfect role.
What are the highlights of anti -telecommunications network fraud? Where is the point?
Lin Wei, Vice President of the University of China and Director of the Internet Rule of Law Research Center: Anti -Telecom Network Fraud Law departed from the "small incision", and some regulations on the past have made a better Legal design. In fact, from the first trial to the second trial, to the last anti -telecommunications network fraud law, the content of the law is increasing. It was originally 39, the second review was 46, and the final version was 50. The comprehensive design has also provided strong support for cracking down on crimes and comprehensive long -term governance. In addition, the anti -telecommunications network fraud law has made good provisions on the competent authority of the telecommunications, finance, the Internet, and the corresponding local government industry, as well as the supervision responsibility of the enterprise and the risk prevention responsibilities. I believe that these institutions can bear legal responsibility. Improve the loopholes and weak links of management, and do a better work to combat telecommunications network fraud.
How to look at the responsibility for "anti -scam people"?
Lin Wei, Deputy President of the University of China and Director of the Internet Rule of Law Research Center: Prevention or comprehensive governance of a criminal behavior, cannot be completely relying on the blow to the criminals, especially to simply improve the sentencing. Comprehensive social mechanism. In this process, it is important to improve the difficulty of crime. Therefore, the telecommunications network fraud involved in telecommunications, the Internet, banking and other institutions and units, it is necessary to pay special attention to the obligations that they assume and give full play to the responsibility of supervision and management, that is, the role of "anti -fraud". In terms of business, in the management of bank accounts and credit cards, in the development of design procedures and the curb of the black -gray industry chain of the network, including the control and blockage of some new types of criminal means, technically I believe they can build a channel Preventing the protection shield of online telecommunications fraud will make the interests of citizens be better protected.
How to view the punishment of this law?
Lin Wei, Vice President of the University of China and Director of the Internet Rule of Law Research Center:
① The anti -telecommunications network fraud law does not involve criminal responsibility in legal liability, mainly administrative responsibility and other responsibilities. However, the law has made corresponding regulations on criminal acts, including detailed provisions of other subjects, such as telecommunications business operators and Internet services providers. In addition to administrative responsibility, it is necessary to bear the corresponding civil liability for the victim's losses.
② Because many of the telecommunications network fraud now is related to overseas, in Article 36 of the Law, a lot of restrictions on outbound exit, such as "people going to telecommunications network fraud activities, existing activities, there are major telecommunications involved in telecommunications. If the network fraud activities are suspected, the immigration management agency may decide not to be out of the country. "Especially in Article 31," person who is punished by criminal punishment for telecommunications network fraud or associated crimes may be recorded in accordance with relevant national regulations. "Entry credit records" may make these personnel use telecommunications and other services, there are some suspension and restrictions, which reflect the strength of this law.
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