Chase the damage and improve the relief!Focus on anti -fraud legislation hotspots

"New tricks for pension fraud" "Credit recruitment? Scams!" "Some people have been recruited! Be wary of these nine types of high -incidence network fraud routines after the college entrance examination" ... Search for "anti -fraud" keywords. Many reports of prevention of fraud reflect the continuous publicity and education of "anti -fraud" for "anti -fraud".

Telecom network fraud, infringing the vital interests of the people, and eroding the foundation of social integrity, the general public hate it. Under the continuous high -voltage deterrent situation, the number of national telecommunications network fraud cases decreased year -on -year, and the case of breaking the case increased year -on -year. The rise in telecommunications network fraud crimes was effectively curbed.

The rule of law is a powerful weapon for cure telecommunications network fraud. At the end of June, the Standing Committee of the National People's Congress conducted a second trial on the draft anti -telecommunications network fraud law to carefully carve this "small incision" legislation.

How to maximize the loss of property losses, how to rescue the qualified victims, how to unblock the relief channels to better protect citizen rights and interests, etc., have become the focus of the attention of the members of the Standing Committee in this review. Participants believed that the draft should further strengthen the pursuit of stolen stolen and loser, improve the system of funds, and deal with the "non -main funds" of the victims in accordance with the law, and increase the terms of public interest litigation to better ensure the people's demands of the rule of law.

Improve cross -border cooperation mechanism

Maximum recovery of the funds involved in the case

Telecom network fraud involves many links, fast means, rapid transnational organizational characteristics, and it is difficult to combat governance. At present, many telecommunications network fraud denominations are abroad. A large number of criminals are hidden in Southeast Asian countries and regions such as northern Myanmar, Cambodia, the "Golden Triangle", and the Philippines. A large number of criminal funds have also been transferred to overseas through various ways.

To this end, Article 3 of the draft stipulates the exterior effect. Based on the principle of protection of jurisdiction, its second paragraph stipulates that "overseas organizations and individuals implement telecommunications network fraud activities in the domestic people's Republic of China, or implement telecommunications network fraud for others for others. If the event provides help from products and services, it will handle and investigate the responsibility in accordance with the relevant provisions of this Law. " At the same time, Article 35 stipulates that the public security department of the State Council will actively promote international law enforcement judicial cooperation with the foreign department, and establish an effective cooperation mechanism with relevant countries and regions to jointly promote the crackdown of cross -border telecommunications network fraud crimes.

"Now the phenomenon of cross -border fraud is serious, especially the intensity of crackdowns in my country. A large number of fraud gang denimed to move abroad. It does not solve the problem of cross -border effective blows. Regulations on cracking down on cross -border electrical fraud are still relatively principled. It is recommended that on the basis of summing up this practical experience, it will further clarify the specific responsibilities and work requirements of the department for cross -border law enforcement.

Member Zhang Ye Sui said that there are many cooperations under the framework of the United Nations under the framework of cross -state organizational crimes. International organizations such as the International Telecom Alliance, Interpol, and International Anti -Money Laundering Organization can play a very good role in strengthening information communication and international cooperation. "The" International Organization "should also be incorporated into the scope of establishing effective cooperation mechanisms to give full play to the role and value of international organizations." Zhang Yesui said.

"The recovery of fraud assets is a key issue that is unavoidable in international cooperation. If you cannot recover as much as possible as much as possible, it will still not be able to meet the people's demands of the rule of law." The draft should increase the expressions of "through litigation procedures and other methods, maximize the recovery of the property of the victims and individuals", and achieve connection with the provisions of the International Criminal Judicial Assistance Law.

Cut off fraud funds chain

Strengthen the pursuit of stolen damage

Preventing the use of financial coordination illegal transfer funds is an important part of anti -telecommunications network fraud.

According to the capital transfer model of telecommunications network fraud crimes disclosed by the People's Bank of China, it is mainly divided into three links -receipt, transfer, and monetization. In the receiving session, criminals often collect fraud funds through buying and selling and leased bank cards; transfer sessions, currently there are "traditional money laundering gangs whitening through the money laundering industry chain" "Expansion and changes; and in the realization of the realization, including outbound cards, constructing false transactions, and cross -border" knocking "of underground banks, the final implementation accounts transferred overseas.

The second review of the draft further expands the "capital chain" governance of telecommunications network fraud, and adds regulations to expand the scope of the scope of scam -involved monitoring and governance from bank accounts, payment accounts to digital RMB wallets, collection barcodes and other payment services and payment services; The People's Bank of China and other departments organize the establishment of a convenient channel for providing customers with inquiry bank accounts and payment accounts; in order to ensure the effectiveness of monitoring and identifying abnormal accounts and suspicious transactions, it is clear that financial institutions can collect necessary transactions and equipment location information according to law; Payment institutions shall transmit relevant transaction information in accordance with regulations to complete the transaction information in accordance with regulations to prevent telecommunications network scammers' money laundering.

Many participants said that the improvement of the law will be conducive to preventing diversified financial accounts to form an electronic crime money laundering channel, timely discover the trajectory of the deceived funds, and take effective technical measures to intercept it to pursue damage to the victims.

How does the funds involved in telecommunications network fraud be dealt with and how to return? The draft stipulates that the public security department of the State Council also establishes and improves the instant inquiry of the funds involved in telecommunications network fraud, emergency stop payment, rapid freezing, timely thawing, and capital return system, and clarify relevant conditions, procedures and relief measures. Emergency payment, rapid freezing, and return of funds are determined by the public security organs, and banking financial institutions and non -bank payment institutions should cooperate. In this regard, Deputy Chairman Cao Jianming said in the review that the return of funds was an important task in criminal proceedings and an important part of the case review. In addition to being decided by the public security organs, in accordance with the laws and regulations of the Criminal Procedure Law, the people's court can also decide the funding repayment by the judgment during the trial stage of the court. It is suggested to increase the people's court as the main body of funding. He further explained that some of the criminal funds of telecommunications network fraud are clear, some flow to complicated, long chain, and widely involved. In public security investigations, prosecution, prosecution, and even court trial, it may not only increase or decrease funds, but may It is difficult to verify the victims, and may even have questions about the source of funds, amounts, and ownership of funds. In the trial, the people's court requires the people's court to judge according to law.

The draft clearly stipulates that the case of telecommunications network fraud should be strengthened and the legal property of the victim should be returned in a timely manner. For victims who cannot be recovered by property and suffer from major life difficulties due to telecommunications network fraud, and meet the relevant national rescue conditions, the relevant parties will give assistance in accordance with regulations.

"This provision is very necessary for the victims and can be connected with the social assistance law that is being formulated." Member Luo Baoming said that the current public security organs have frozen a large number of fraud funds in cracking down on telecommunications network fraud. The suspect could not be found, so the victim could not find it for a long time. It belongs to the "non -main fund". It is recommended to deal with this part of the funds according to law. You can establish a special rescue fund to rescue the qualified victims and strengthen the pursuit of stolen damage. Starting.

Unblocked Relief Channel

Call for the introduction of public interest lawsuits

In recent years, the crimes of telecommunications network fraud have caused many high incidences. Not only are the people who have suffered deeply, they also seriously endanger the order of network space and seriously infringe on national interests and social public interests. It is often difficult for individuals to file a related lawsuit on the leakage of a large number of citizens' personal information and the responsibility of online platform governance, and it is difficult to protect its own rights.

Article 7 of the "Opinions on Strengthening the Crimination of Telecommunications Network fraud" issued by the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council this year clearly stipulates that "those who violate national interests and social public interests in accordance with the law shall be filed for public interest lawsuits."

"It is recommended to set up public interest litigation clauses to implement the requirements of the central government's" further strengthening legal support "." Vice Chairman Cao Jianming and other members of the Standing Committee of the Standing Committee proposed that special terms of public interest litigation should be established in the draft.

Member Chen Guomin enumerated the rich practical samples provided by the procuratorial organs in recent years to promote anti -telecommunications network fraud legislation -in April 2021, the highest prosecution released 11 typical cases of personal information protection public interest lawsuits. In April 2022, the highest prosecution released a typical case of cracking down on telecommunications network fraud and associated crimes, including a criminal attached civil public interest lawsuit case. In the same month, the highest prosecution issued the national procuratorial organs to crack down on the implementation plan of the special action of pension fraud, which clearly stated that in response to key areas of pension fraud, explore public interest lawsuits, focus on strengthening the protection of personal information of the elderly, urge personal information processors , Prevent the elderly from being locked by fraud. "Therefore, it is necessary, applicable, and feasible to add public interest litigation in the draft." Member Chen Guomin said.

In addition, in the process of anti -telecommunications network fraud, how to better balance the relationship between cracking down on governance and protection of citizens, organizational legitimate rights and interests is very important.

To this end, the second trial of the draft has increased the provisions that anti -telecommunications network fraud should be carried out in accordance with the law, safeguarding the legitimate rights and interests of citizens and organizations, protecting state secrets, business secrets, and personal privacy in accordance with the law, and stipulating corresponding legal liabilities.

Legislative itself is the embodiment of the legal rights protection of individuals and organizations. Member Zhou Min noticed that the draft stipulates that telecommunications business operators and Internet service providers can restrict and suspend relevant services, but there is no regulation on what ways can be restored to functional services. Zhou Min said that this is an important relief measure and rights for users. It is recommended that the law clearly stipulates.

Member Liu Xiuwen believes that the current government departments such as public security organs and other government agencies have more channels for instructions such as telecommunications business operators, banking financial institutions, non -bank payment institutions, and Internet service providers. There are different practices, the process is unclear, the communication is difficult, the time is long, and the procedures are complicated. "On the one hand, some of the normal financial consumers have brought inconvenience; on the other hand, they often lead to the parties' complaints and even be pushed each other." The disagreement mechanism of objection with relevant agencies, establish relevant information systems, and uniformly control the transmission channels for transmission of instructions, transmission such as objection appeal ". At the same time, if it causes losses to crack down on telecommunications network fraud, it will study and increase relevant compensation regulations.

(The reprint should be complete, accurate, and indicate the source and author information)

Source: "China People's Congress" magazine 2022, No. 13 ｜ Reporter: Zhang Weiwei Editor: Wang Ling

Responsible editor: Zhang Yuzhen

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