Anti -telecommunications network fraud law the second instance hotspot: Weaving Farallel Network and Improved Relief

The 21st Century Business Herald reported that at the 35th meeting of the 13th National People's Congress Standing Committee of the 13th National People's Congress recently held, the draft of the anti -telecommunications network fraud law was conducted in a second review.

In recent years, the continuous high incidence of telecommunications network fraud has become a prominent issue that affects social security and stability.

During the group review, the participants participated in the important aspects of strengthening the combating cross -border telecommunications network fraud, improving the legitimate rights relief of citizen organizations, and strengthening anti -fraud publicity and early warning.

Strengthen the crackdown on cross -border electrical fraud

Telecom network fraud involves many links, fast means, and obvious characteristics of transnational organizations. At present, many telecommunications network fraud dens 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. Moved to abroad in various ways.

The draft stipulates out -of -the -world validity, stipulates that "overseas organizations, individuals who implement telecommunications network fraud activities on the people's Republic of China, or provide products and services such as products and services for domestic telecommunications network fraud activities for others, in accordance with this Law Relevant regulations are handled and held accountable.

Participants who participated in the review stated that this provided a legal basis for cracking down on telecommunications network fraud activities I implemented abroad, and was a legal basis for directly cracking down on the source.

Several participants have suggested that the draft should clearly stipulate that strengthening the promotion of international law enforcement judicial cooperation, establishing an effective cooperation mechanism with relevant countries and regions, and jointly promoting cross -border telecommunications network fraud crimes to crack down on the management.

Luo Baoming, a member of the Standing Committee of the National People's Congress, suggested that on the basis of summing up practical experience, we will further clarify the specific responsibilities and work requirements of the department on the outstanding problems of cross -border law enforcement.

In 2021, the Ministry of Public Security relying on the joint meeting mechanism of the State Council to deploy public security organs from various places to carry out overseas electrocomputers and fraud activities to persuade the return to work and return to 210,000 telecommunications network fraud activities.

Zhang Zhijun, a member of the Standing Committee of the National People's Congress, believes that the successful measures and practices of anti -cross -border electrical fraud should be affirmed into this law. It is suggested that in the draft, "specific regions with severe regional frauds in illegal staying overseas telecommunications network fraud shall be added, and the relevant local people's governments shall actively carry out persuasion and other work."

Be wary of legal equipment illegal use

In practice, many criminals illegally use some equipment and software to improve their confrontation through new technologies, evade investigation and investigation, and thus give birth to the Internet black and gray industry chain.

Among them, some equipment software itself has normal uses, but it lacks regulation and supervision for its production, sales, and lack of regulation and supervision, which leads to some equipment and software circulation in the market, and some of them are even used for illegal and criminal activities.

More typical like Goip devices. Goip devices have the characteristics of human -machine separation, remote control, dial -up calls in different places, and supporting multiple telephone cards. A large number of hidden telecommunications network fraud gangs hidden abroad uses remote control to use Goip devices to call the victims in the country. The harm is very serious.

Recently, under the unified command of the Ministry of Public Security, 31 provinces, autonomous regions, municipalities and municipalities in Beijing, Sichuan, and Hunan launched a centralized network collection operation, and severely crack down on illegal gangs to provide new Goip call services for telecommunications network fraud in accordance with the law. As of now, more than 870 suspects of criminals have been captured, and more than 2390 sets of Goip devices, 18,000 cases such as mobile phone card bank cards (Taiwan).

For equipment and software with legal purposes, on the basis of clearly not illegal manufacturing, sales, provision or use, it should be clearly stipulated to stipulate market access and regulatory liability clauses, ensure legal use, and prevent abuse and illegal use.

Tan Yaozong, a member of the Standing Committee of the National People's Congress, believes that there are currently many telephone cards that are available overseas and can access the Chinese network. I hope to study the real -name registration channel for the telephone card that can access the Chinese network overseas.

Timely warning and discouraged

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.

Li Rui, a member of the Standing Committee of the National People's Congress, suggested that the relevant departments of local people's governments at all levels should develop and use new technologies and new methods such as network software, search engines, applications, etc. to strengthen technical countermeasures and effectively intercept fraud phone calls, information and network links. Use big data to establish a precise early warning mechanism.

Actively building anti -fraud platforms that integrate anti -fraud, online reports, and information interception are effective means to effectively prevent and combat the control of telecommunications network fraud.

Li Rui suggested to add regulations that the national and provincial people's governments should establish an anti -fraud platform that integrates online reporting, information interception, and early warning and publicity.

Bai Chunli, a member of the Standing Committee of the National People's Congress, also believes that in addition to establishing an early warning dissuasion system, the public security organs should work together with the online information, telecommunications and financial management departments and telecommunications business to establish an early warning discouragement system. Anti -fraud software continuously increases and improves the corresponding functions "to timely warn and discourage it in time according to the corresponding situations. Early warning is an important experience in anti -fraud and anti -fraud. Data from the Ministry of Public Security show that as of now, the National Anti -Fraud Center APP has accepted more than 3350,000 clues to report, warning 240 million times to the masses; public security organs in 29 provinces, autonomous regions and municipalities opened a 96110 warning line.

Improve the objection appeal mechanism

In order to coordinate the relationship between governance of telecommunications network fraud and protection of citizens, and organizational legitimate rights and interests, the draft increases 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 individuals in accordance with the law. Privacy, and stipulate corresponding legal liability.

Legislative itself is a reflection of the guarantee of the legitimate rights of organization and individual. "In the previous anti -electrical special rectification activities, law enforcement agencies often hinder new types of online fraud with strong hidden or unsuccessful changes and dare not rush to take corresponding measures, or there is no unified and clear law enforcement standards to make to make it to make it to make it to make it to make it to make it to make it to make it to make it to make it to make it to make it to make it to make it to make it to make the law enforcement standard. Some problems have been delayed for a long time, causing telecommunications network fraud to be in a high incidence. "Gao Yandong, a researcher at the Zhejiang Public Policy Research Institute.

"Anti -telecommunications network fraud law helps consolidate the foundation of law enforcement and ensure accurate law enforcement and legitimate procedures. At the same time, strengthen the rule of law and standardization of law enforcement departments, prevent the occurrence of power abuse and use, and maximize the occurrence of law enforcement violations." Gao Yandong told the 21st Century Business Herald.

When the drafts were reviewed in the second draft, many participants participated in the reviewers suggested to further improve the rights relief mechanism.

The second review stipulates that telecommunications business operators can restrict and suspend relevant telephone card functions. Zhou Min, a member of the Standing Committee of the National People's Congress, suggested that the remedy measures for users can be increased to restore the relevant telephone card function.

The second review also stipulates that Internet service providers restrict functions, suspension services, and suspension of use. Member Zhou Min suggested that corresponding relief measures, that is, those who are restricted, paused, and paused. Essence

Liu Xiuwen, a member of the Standing Committee of the National People's Congress, suggested to further improve the objectional appeal mechanism.

Liu Xiuwen suggested adding the provisions of "establishing a channel for the establishment of a unified objection appeal mechanism for the establishment of public security organs and other relevant agencies, establishing relevant information systems, and unifying the transmission channels of information transmission and objection appeal of the control instructions."

In order to better balance the relationship between cracking down on management and the protection of the legitimate rights and interests of the unit and the individual, Liu Xiuwen suggested that the objects that caused losses caused by the crackdown on telecommunications network fraud, and to study and increase relevant compensation regulations.

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