Three highlights of the second trial of the anti -telecommunications network fraud law

Xinhua News Agency, Beijing, June 22: Three highlights of the second trial of the anti -telecommunications network fraud law

Xinhua News Agency "Xinhua View Point" reporters Xiong Feng and Zhai Xiang

The number of national telecommunications network fraud have decreased year -on -year for 12 consecutive months, and the case of breaking the case increased year -on -year. At present, under the situation of high -pressure deterrence, the continuous rise of telecommunications network fraud crimes has been effectively curbed, but the situation is still severe and complicated, with multiple cases, and the characteristics of organizationalization, chainization, changing technical means, and cross -border implementation.

The draft anti -telecommunications network fraud law shall be submitted to the 35th session of the 13th National People's Congress Standing Committee on the 21st. As a special legislation of "small incision", on the basis of further summing up the experience of anti -fraud work, the second review manuscript will focus on strengthening the construction of the preventive legal system, strengthening the main responsibilities and social responsibilities of various aspects, and increasing illegal crimes against laws. The punishment of the personnel is precise on the issue of "difficulty" and "pain points".

Increase the main body of responsibility, strengthen anti -fraud publicity, warning and dissuading

Telecom network fraud can be prevented, and more cases are not as good as incidents. The key to prevent telecommunications network fraud in all aspects.

The second draft of the anti -telecommunications network fraud law reviewed this time to increase the relevant obligations of anti -telecommunications network fraud in financial institutions, telecommunications companies, Internet companies, and news media units; Early warning and dissuasion measures for telecommunications and Internet companies will further release a clear signal of anti -fraud work and co -governance.

"Hello, do you install the National Anti -Fraud Center app?" In the office hall, in the station square ... Now, people feel that anti -fraud publicity forms are diverse and ubiquitous. In the field, a strong atmosphere of anti -fraud and anti -fraud in the whole society is being formed.

On May 17, 2022, the police explained the knowledge of telecommunications network fraud to villagers in Zhaotou Village, Tae Lie Town, Sansui County, Guizhou Province. Xinhua News Agency reporter Yang Ying

Early warning is an important experience in anti -fraud and anti -fraud. According to data from the Ministry of Public Security, as of now, the National Anti -Fraud Center APP has accepted more than 3350,000 clues to the masses, warning 240 million times to the masses; public security organs in 29 provinces, autonomous regions and municipalities opened a 96110 warning line ...

The key to running for warning to run in front of the criminals is that it must fight in seconds and quickly. Sui Jing, director of the Network Security Administration of the Ministry of Industry and Information Technology, introduced: "The Ministry of Industry and Information Technology jointly launched the 12381 fraud warning discouragement system, and upgraded the" Elderly Family Family Number Early Warning "and the" Flash Xinba screen warning "function to greatly improve the effect of the warning dissua. Last year 7 Since the launch of the month, a total of 73.8 million early warning text messages and flash letters were sent, and the effective rate of warning dissuasion was 60%. "

Li Xiaokai, an associate professor at the School of Criminal Justice at the University of China and Law, believes that the draft anti -telecommunications network fraud law has risen the effective propaganda prevention and early warning measures in practice to the law. A strong atmosphere, building the people's "line of defense"; it is conducive to mobilizing various social forces to carry out early warning and discouragement, and build a "firewall".

Expand the governance of the "capital chain" and improve the efficiency of the interception of funds to be cheated

As a crime of wealth, the criminals of electrical fraud are aimed at the "money bags" of the people. Unlike traditional fraud "face -to -face" methods, fraud gangs use the "Internet+finance" non -contact type to commit crimes, induce victims to use network transfer, transfer the deceived funds to several "head" bank accounts, payment accounts, and two -dimensional receipts. The illegal capital flow channel composed of code and other composers is performed online and "cleaning" for cheating funds.

With the rapid development of Internet finance, electrical fraud illegal criminals use a variety of methods such as trilogy, four -party payment, "running points" platforms, digital currencies, and trade hedging to continuously change the method of transfer money and money laundering. The public security organs have brought difficulties to recover the work of stolen money, and also put forward higher requirements for the "capital chain" governance of the entire link.

In this regard, the second review of the draft anti -telecommunications network fraud law will be expanded from bank accounts and payment accounts to digital RMB wallets and payment services.

Xie Ling, an associate professor at the School of Criminal Investigation, Southwest University of Political Science and Law, believes that incorporating bank accounts, payment accounts, and collection barcodes into the monitoring of fraud funds, which is conducive to preventing diversified financial account constitute an electronic crime money laundering channel. And take effective technical measures to intercept it to pursue damage to the victims.

With the characteristics of electronic payment and capital transfer cross -bank, cross -regional, and cross -border transaction characteristics, electrical fraud illegal criminals are abroad. In order to achieve the purpose of "getting money", the collection card provided by the "head" bank account and "running points" personnel Code, multiple transfer of funds for deceived.

In this regard, in order to ensure the effectiveness of monitoring and identifying abnormal accounts and suspicious transactions, the second draft draft clarifies that financial institutions can collect necessary transactions and equipment location information in accordance with the law.

"Financial institutions collect the necessary transaction and transaction equipment location information in accordance with the law, which can effectively identify suspicious transactions initiated from overseas, evaluate the risk of fraudulent accounts, and implement the time for the public security organs to implement funds involved in funds. "Xie Ling said.

Increasing fraud and punishment, measures such as restrictions on the exit of fraud can be taken.

At present, the cross -border organizational, cross -border organizational, and scale characteristics of telecommunications network fraud gangs are becoming increasingly obvious. The group leader and backbone of the group often hide abroad, under the guise of high salary recruitment, to deceive the recruitment of young people who have not been involved in the world to go abroad to engage in fraud. According to the relevant person in charge of the Ministry of Public Security, the Ministry of Public Security has sent multiple working groups to key countries and regions to carry out international law enforcement cooperation in the past year, and more than 610 criminal suspects are repatriated overseas; There are 12,000 outbound gangs and 51,000 suspects of smuggling criminals.

At present, criminal suspects who perform fraud against domestic fraud have been significantly reduced abroad. However, in some countries and regions, there are still many criminal gangs to carry out fraud to our citizens. The police handling the case believes that the current signs show that the telecommunications network fraud criminal group has begun to transfer and spread to overseas regions with more difficult strikes.

According to the practice of cracking down on cross -border telecommunications network fraud, the second draft of the draft anti -telecommunications network fraud law stipulates that there are major suspicion of fraud in the outbound activities of specific personnel, or those who are punished by criminal punishment for telecommunications network fraud, immigration management The institution can decide to take relevant measures to restrict exit.

Guo Li, a professor at the School of Law of Peking University, believes that adding restrictions on outbound measures on relevant fraud can reduce the difficulty of investigation and law enforcement in electrical fraud cases, strengthen punishment and deterrent of electrical fraud, and prevent overseas from becoming a "" The place outside the law ".

In addition, the second review of the draft increased the punishment of telecommunications network scammers, and increased the functions of restricting their relevant cards, accounts, accounts and other functions, stopped non -counter business, suspend new businesses, restricted access to the Internet, etc. measure.

"Telephone cards, financial accounts, and Internet accounts used by electrical fraud illegal criminals are information connection tools and funds collection tools for their fraud activities. Making certain restrictions on personnel who are punished by criminal punishment for electrical fraud are conducive to further improvement of telephone cards The basic management system of IoT cards, financial accounts, and Internet accounts, from the source to prevent telecommunications network fraud crimes. "Guo Li said.

[Editor in charge: Zhao Wenhan]

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