Law enforcement and judicial departments intensify punishment
The entire chain cuts off the cybercrime industry chain
Our reporter Li Wanxiang
Use online dating and dating as bait to carry out investment fraud commonly known as "killing pigs", falsify network identities, pretend to be an anchor, and commit fraud in the name of live broadcast rewards, illegally sell or rent phone cards and bank cards and use the "two cards" as defrauding victims' funds Or criminal tools for transferring stolen money, etc., regardless of how cybercrimes are refurbished, they cannot escape severe punishment by law enforcement and judicial departments.
What is cybercrime?
On January 25, the Supreme People’s Procuratorate issued regulations on handling cybercrime cases, clarifying that they include crimes committed against information networks, crimes committed using information networks, and other upstream and downstream related crimes.
According to reports, the current cybercrime shows a trend of rapid increase in the number of crime cases and retrofitting of criminal methods.
“In recent years, the procuratorial organs’ handling of cybercrime cases has increased at an average annual rate of 40%, reaching 54% in 2020.” Zheng Xinjian, Director of the Fourth Prosecutor’s Office of the Supreme People’s Procuratorate, said that the procuratorial organs handled fraud crimes during the war. Among them, one-third is implemented using the network.
Among all cyber crimes, cyber fraud and online gambling have become the current major cyber crimes.
Investigations by the procuratorial agency found that the close cooperation of large-scale underground illegal products and the continuous "blood transfusion" for cyber crimes has become an important reason for the high incidence of cyber crimes.
Zheng Xinjian said that the upstream of the black and gray industry provides technical tools for criminal groups, collects personal information, or diverts customers, and promotes advertising; the middle reaches commit crimes such as fraud or opening casinos; downstream uses payment channels to "launder" funds to build a complete Black and gray produce state circles.
Law enforcement, justice and other relevant departments have increased their penalties for cyber crimes, both punishment and prevention, combined with punishment, resolutely curb the spread of related crimes, and promote comprehensive governance of the cyber society.
Starting from October 2020, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of Industry and Information Technology, the People’s Bank of China and other departments have jointly deployed and carried out a special action for "disconnection of cards" to strictly crack down on the illegal sale and lease of "two cards" in accordance with the law. Illegal and criminal activities focus on cracking down on criminal gangs that specialize in illegal acquisition and trafficking of "two cards", as well as telecommunications, banking and other industry practitioners who collude with them both inside and outside.
In April 2020, the Supreme People’s Procuratorate set up a special guidance group for the punishment of cybercrime, increased overall planning, and strengthened research on judicial policies and the application of laws.
In November 2020, the Supreme People’s Procuratorate issued the "No. 6 Prosecutorial Proposal" to the Ministry of Industry and Information Technology, and put forward governance recommendations on issues such as the rectification of the Internet black and gray industry chain, APP illegal collection of personal information, and the protection of minors on the Internet.
The procuratorial organ's special crackdown has highlighted the effect: Since the implementation of the "broken card" special action, the procuratorial organ has prosecuted more than 8,000 people in accordance with the law; in conjunction with the public security organs, they have dug into the clues of fraud crimes and prosecuted more than 23,000 people for telecommunications and Internet fraud; "Since the special action, the procuratorial organs have strengthened the listing and supervision of key cases and prosecuted more than 17,000 people who committed crimes of opening casinos and gambling using online means.
In the process of severely punishing cyber crimes, procuratorial organs have cracked down on cyber crimes throughout the chain, increased the punishment for illegal provision of personal information, technical support, payment and settlement services, etc., and dig deep into upstream and downstream criminal clues.
With regard to financial crimes committed on the Internet under the guise of "innovation", the procuratorial organs penetrated the technical surface of the Internet and implemented precise strikes.
At present, the operation of cross-border gambling "funding chain" is becoming more and more complicated. The main links of gambling fund recharge, gambling fund cleaning, and gambling fund exit are intertwined. Criminals continue to innovate their methods to conceal suspicious traces of fund transactions.
The People's Bank of China took a multi-pronged approach to carry out comprehensive governance.
In 2020, the People's Bank of China has punished institutions that violated laws and regulations more than 300 times, and the State Administration of Foreign Exchange has investigated and dealt with more than 300 cases of cross-border transfer of gambling funds and illegal exchanges, realizing a significant reduction in the scale of suspicious gambling transactions involving major payment channels.
Nowadays, the connection between administrative law enforcement and criminal justice in the network field is getting closer and closer, pushing the Internet industry's self-discipline and platform governance responsibilities to keep up, coordinating the promotion of social co-governance, and more extensive technology applications.
The reporter learned from Tencent that the Treasury and Ventilation Control team built a gambling account identification model, established an intelligent risk prevention and control system through big data, modeling and other methods, and established a full life cycle management mechanism for accounts from the perspectives of before, during and after the event. , To accurately strike and cut off the capital chain of criminals.
According to Tenpay technical experts, in C2C transactions, the model can describe and summarize the characteristics of gamblers and bankers, analyze and obtain the gambling communities and their characteristics on the platform, establish a model, investigate the full account, and efficiently discover and deal with Gambling accounts.
Zheng Xinjian said that the procuratorial organs promote the implementation of relevant provisions of the Civil Code and guide the formation of a good network behavior standard.
At present, 18 provincial-level People's Congress Standing Committees have authorized procuratorial organs to explore public interest litigation practices in the Internet field, promote administrative agencies to strengthen supervision, strict law enforcement, promote network platforms to implement governance responsibilities, and integrate prevention concepts into daily product design and platform management.