Small incision to fight the key to claim the responsibility 丨 The Legal Committee of the Standing Committee of the National People's Congress to interpret the highlight of the anti -telecommunications network fraud law

On September 5th, the Legal Working Committee of the Standing Committee of the National People's Congress held a special interview to invite Wang Aili, director of the Criminal Law Office of the Standing Committee of the National People's Congress Standing Committee, Jiang Guoli, deputy director of the Criminal Investigation Bureau of the Ministry of Public Security, and the Director of the Criminal Law Office of the Standing Committee of the Standing Committee of the National People's Congress. Zhang Yijian and others conducted authoritative interpretation of the highlights of the anti -telecommunications network fraud law and the hot issues that the people cared about.

The "Anti -Telecommunications Network Fraud Law of the People's Republic of China" was approved by the 36th meeting of the Standing Committee of the 13th National People's Congress on September 2 and will be implemented from December 1. What are the highlights of the anti -telecommunications network fraud method? Which provisions are closely related to the public security organs and the general public?

Highlight 1:

"Small incision" legislation adheres to the people's supremacy

"Anti -telecommunications network fraud law is a 'small incision' law that specializes in combating the governance of telecommunications network fraud activities, which fully reflects the requirements of the Party Central Committee, people's will, and practical needs. "Wang Aili, director of the Criminal Law Office of the Standing Committee of the National People's Congress Standing Committee.

Wang Aili introduced that at present, the laws and regulations related to telecommunications network fraud are relatively scattered, not clear enough, and are not targeted; some good experience and practices in practice need to rise to legal regulations; Improve and form a synergy combat governance. Under such circumstances, a special legislation is urgently needed to meet the needs of practice.

The anti -telecommunications network fraud law is an important legislative practice of the legislative legislation of the "Xiaoling Ling". It is a further enrichment of the legislative form of the Standing Committee of the National People's Congress. The legislative process is fast, reflecting urgent use.

Highlight two:

Strengthen targeted, accurate publicity, education and prevent early warning

"Targeted, accurate publicity, education and prevention of early warning are important practical experience in anti -telecommunications network fraud." Wang Aili said.

According to Wang Aili, the anti -telecommunications network fraud law clearly stipulates the publicity and education responsibilities of governments and departments at all levels, and should popularize relevant laws and knowledge to improve the public's awareness of anti -fraud and scamming. Adolescents such as adolescents such as priorities and priorities of vulnerable groups have carried out anti -fraud publicity education to enter schools, enterprises, communities, rural areas, and families. The fraud should be reminded to users in a timely manner, warning the legal liability of illegal trading and selling "two cards" in the business process; stipulates that relevant news units carry out extensive publicity and education activities for the society; The units and individuals on the face must also strengthen internal prevention and improve their awareness of prevention.

It is specifically stipulated that the public security organs should establish an early warning discouragement system in conjunction with relevant departments and enterprises, and take corresponding dissuasions to the potential victims found in a timely manner.

Highlight three:

Multi -department linkage, full chain governance

Telecom network frauds implement fraud, which is inseparable from financial, communications, and Internet businesses. They use these technologies and services to perform fraud and transfer funds. Therefore, strengthening the governance of these industries is the key and key point of preventing telecommunications network fraud activities, and it is also difficult.

"Compared with traditional fraud, telecommunications network fraud uses technical methods to drill the loopholes in management, presenting the characteristics of organizationalization, chain, and precision, and realizing crimes across departments, cross -industry, and cross -regional collaboration. Therefore, it is necessary to strengthen it. Department linkage to form a combined combination of governance. "Zhang Yijian, director of the Criminal Law Office of the Standing Committee of the Standing Committee of the National People's Congress, said that the anti -telecommunications network fraud law has the territorial responsibility of the local government, the supervision responsibility of the industry authority, the punishment responsibility of the political and legal departments, and the enterprise of the enterprise Prevention responsibility, citizen's awareness of prevention, etc. have made comprehensive regulations, combined with fists to form a joint force.

The anti -telecommunications network fraud law clearly stipulates that the State Council establishes a working mechanism for anti -telecommunications network fraud. Local governments organize leadership of anti -telecommunications network fraud work and carry out comprehensive governance; public security organs take the lead in the work of anti -telecommunications network fraud work, strengthen crackdown in accordance with the law, finance, telecommunications, Internet, etc. The competent department is responsible for anti -fraud work in the industry; the court and the procuratorate to prevent and punish telecommunications network fraud in accordance with the law, and the People's Procuratorate filed a public interest lawsuit in accordance with the law; Responsibilities for supervision and inspection and management of relevant enterprises; department staff abuse their powers and neglect their duties in the anti -telecommunications network fraud work.

Wang Aili emphasized that the anti -telecommunications network fraud law focuses on the full chain governance from personnel chain, information chain, technology chain, and capital chain. The main responsibility, composing corporate responsibilities, stipulating effective prevention measures for electrical scammers, severely cracking down on various types of fraud -related black -gray production behaviors, and building anti -telecommunications network fraud legislation.

Highlight 4:

Strengthen cracking down on cross -border telecommunications network fraud

At present, the proportion of overseas criminal crimes for telecommunications network fraud is high, and overseas telecommunications network fraud crimes are also the focus and difficulties of blows. In terms of the jurisdiction of the anti -telecommunications network fraud law, it stipulates that Chinese citizens shall implement telecommunications network fraud activities overseas, or overseas organizations and individuals to implement electrical fraud activities in China or provide help for domestic electrical fraud activities. The provisions of the Fraud Law; in terms of exit restrictions, if there is a major suspect that there are major scam involving scam involving severe scam involving scams, or if a criminal punishment for telecommunications network fraud can be taken according to the situation. Zhang Yijian said that the conditions prescribed by the law are clear. Pay attention to accurate applications in practice. In accordance with the standards and procedures determined in accordance with relevant regulations, we must make a judgment and decision on the suspicion of major fraudulent activities in combination with the specific situation. And the need to prevent crimes be judged and decide whether to restrict exit.

In addition, the anti -telecommunications network fraud law specifically stipulates that public security organs must work together with relevant departments to improve the effectiveness of information exchanges, investigations, investigation and arrests, and pursuit of losses. Telecom network fraud.

Highlight 5:

Personal information protection dual power

Personal information leak provides the convenience of "matchmaking" for the implementation of telecommunications network fraud. Especially in investing in fraud cases such as investing in wealth management, impersonation of leadership, express logistics, etc., the scam objects are accurately locked.

"Anti -telecommunications network fraud law should not only block the source of information from the upstream, but also prevent the second leak of personal information in the anti -telecommunications network fraud work." Zhang Yijian emphasized.

Connecting with the Personal Information Protection Law, the anti -telecommunications network fraud law stipulates that personal information processor should establish a prevention mechanism for personal information to be used for telecommunications network fraud. In particular, logistics information, loan information, transaction information, and wedding information that are closely related to the implementation of telecommunications network fraud should be protected. It is stipulated that the public security organs must "double investigation" when applying for telecommunications network fraud cases, check the source of the source of personal information used by crimes, and investigate the legal responsibility of providing and leaking personal information personnel in accordance with the law.

In addition, the Anti -Telecom Network Fraud Law clearly prohibits the sale and personal information, and provides support for support for the implementation of telecommunications network fraud, and stipulates corresponding legal responsibilities. At the same time, it emphasizes the protection of personal information in anti -fraud.

Highlight 6:

Strengthen the chase of stolen damage, and propose measures for appealing and relief measures

With the development of Internet finance, scammers use a variety of methods such as trilogy and four -party payment, running platforms, digital currencies, and trade hedging to continuously change the method of transfer of money and laundering. The work of stolen money brings great difficulties, and this work still faces many challenges.

"The introduction of the anti -telecommunications network fraud law provides legal support for the disposal of fraud funds for public security organs." Jiang Guoli, deputy director of the Criminal Investigation Bureau of the Ministry of Public Security, said.

The anti -telecommunications network fraud law clearly stipulates that the case of telecommunications network fraud should be strengthened, the fund disposal system involved in the case should be strengthened, and the legal property of the victim is returned in a timely manner. For victims who suffer from major life difficulties and meet the relevant national rescue conditions, the relevant parties will give assistance in accordance with regulations.

At present, the Ministry of Public Security is studying and formulating the "Provisions on the disposal of fraud funds" to further clarify the work processes and measures of fraud -related funds to ensure that the relevant work is carried out efficiently in accordance with the law.

(People's Public Security News, China Police Network reporter Gao Ying)

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