The people's courts give full play to the role of judicial adjudication, punish cyber crimes, and resolve conflicts and disputes in the Internet field——
Ensure that the digital economy is operating on the track of the rule of law (rule of law headlines · advancing the rule of law in cyberspace governance ③)
Our reporter Xu Jun
"People's Daily" (19th edition on April 15, 2021)
"Seriously punish a group of cyber black and gray industry chain crimes, and never let cyberspace become a place outside the law." "Through fair judgments in accordance with the law, clarify rules for the development of digital economy and technological innovation, and guide new technologies, new formats and new models to be healthy on the track of the rule of law. Orderly development. Reasonably determine platform responsibilities and behavior boundaries, and promote the development of platform economy and sharing economy in accordance with the law." At the National Two Sessions this year, the Supreme People's Court work report related to cyberspace judicial governance aroused attention.
Telecommunications network fraud, network pyramid schemes, network gambling, stolen traffic, traffic hijacking... In recent years, many new types of illegal crimes or conflicts and disputes have been closely dependent on technological development and have been accompanied by the Internet.
In the face of constantly innovative and iterative Internet technologies and new business formats, how to give full play to the role of judicial adjudication, punish cybercrimes, resolve contradictions and disputes in the Internet field, and promote the healthy development of the digital economy?
The reporter conducted an interview.
Severely punish cyber crimes and purify cyberspace
The virtuality and concealment of the Internet make some people take risks with a fluke mentality. Some behaviors not only challenge the bottom line of honesty, violate public order and good customs, and violate the core socialist values, but are also suspected of illegal crimes, endangering the lives and property of the people, and endangering fair competition. Transaction order.
Liu Guixiang, a deputy ministerial full-time member of the Supreme Court of Justice, said that telecommunications fraud using the Internet to commit crimes across borders not only defrauds money, but also brings secondary harm, such as causing the victim to suspend work and production, pension and life-saving money being defrauded, and living in a difficult situation. Especially the online fraud against school students is extremely harmful to the society and the people hate it.
In recent years, the people’s courts have formed a strong synergy with various relevant departments to comprehensively implement policies, strike out, concentrate on cracking down, interrupting the upstream and downstream chains, and launching "net-cleaning operations" to prevent cyber telecommunications fraud from becoming criminals’ illegal profit-making and “getting rich” Hotbed, and achieved obvious results.
From November 2017 to January 2018, a fraud group headed by Chen Wenxiong pretended to be a staff member of a domestic public security agency or communications management agency in a hotel in the Philippines to guide the victim to download the Trojan horse virus named "People's Procuratorate Inventory Program" and log in The method of false phishing websites obtains the victim's bank card information, and then defrauds the victim's money on the grounds of "funds check".
A total of 22 million yuan was defrauded from the victim through the above methods.
The defendant Chen Wenxiong was sentenced to life imprisonment by the Intermediate Court of Shijiazhuang, Hebei Province, deprived of political rights for life, and confiscated all personal property.
The Hebei Higher People's Court heard the second instance in accordance with the law, rejected the appeal and upheld the original judgment.
This is an extremely large cross-border telecommunications fraud case that the People's Court severely punishes cyber crimes and tried in accordance with the law.
Last year, courts across the country concluded 33,000 criminal cases including telecommunications network fraud, network pyramid schemes, network gambling, network hacking, network rumors, and network violence.
Since March 2018, Wang Ai and other 6 people have used the WeChat group to illegally buy and sell WeChat accounts for a profit of 1.048 million yuan, knowing that the real-name verified WeChat account belongs to the personal information of citizens.
On July 30, 2020, the People's Court of Chengcheng County, Weinan City, Shaanxi Province sentenced the defendant Wang Ai and other 6 people to fixed-term imprisonment ranging from 5 years to 8 months and fined them for the crime of infringing on citizens' personal information.
"This case is the first typical case of the crime of infringement of citizens' personal information caused by the sale of WeChat accounts in Shaanxi. Infringement of personal information requires criminal responsibility. People's courts severely punish crimes of infringement of citizens' property and citizens' personal information. The trial of this case is to protect individuals. Virtual property has accumulated experience." The judge handling the case said.
Promote the development of new models and new business formats in accordance with the law
The Internet platform economy is a new economic organization that has developed rapidly in recent years. It plays an important role in optimizing resource allocation, promoting industrial upgrading, expanding the consumer market, and especially increasing employment.
However, with a small step forward in technology, the difficulty of management has increased by a big step.
The network platform has changed the labor market and labor relations in the traditional sense through communication functions, social functions, information functions, big data functions, and mobile sharing functions.
New business formats have also created new conflicts and disputes, and the employment of Internet platforms has triggered a large number of disputes.
"According to incomplete statistics, there are currently 6 million takeaway riders nationwide, about 3.5 million express delivery employees, about 10 million live broadcast hosts, and 2.7 million Didi drivers. Behind every practitioner is a family to protect these practitioners. The lawful rights and interests of the company are particularly important.” He Xiaorong, vice-president of the Supreme Court, said that the people’s courts, by formulating judicial policies and adjudicating cases, ensure the healthy and orderly operations of the platform-supported takeaway express delivery, online car-hailing, online taxi-hailing, and live delivery of goods. Develop and establish the awareness of norms and order of platform enterprises.
"Platform practitioners are different from traditional workers. They do not have fixed workplaces and working hours. Work arrangements are relatively free. Workplaces are mobile. Working hours and working spaces tend to be loose. Whether a labor relationship can constitute a labor relationship should be comprehensively determined based on the laborer’s working hours, frequency of work, workplace, remuneration settlement, labor tools, the level of supervision and management of the enterprise over the laborer, disciplinary measures and other factors. If a labor relationship is constituted, it should be determined. The relevant treatment of these workers shall be guaranteed in accordance with the law." He Xiaorong said that in the next step, the Supreme Law will formulate and promulgate judicial interpretations on the trial of takeaway express delivery and other related cases based on extensive research and listening to opinions from all walks of life.
Nowadays, when people download and install certain apps through their mobile phones, they are often asked for content permissions that are not related to the purpose of downloading, such as location, access to device photos, address book, face shape, and fingerprint information. If they do not agree, they will not be able to download and use normally, and if they agree, they will Bring unnecessary troubles to subsequent life.
In response to this issue, He Xiaorong said that if an individual is collected in the process of downloading the APP and has information that has nothing to do with the application software, the people's court will support it in accordance with the law if the person filed a lawsuit to delete the relevant personal information.
"The People's Court will strengthen research on new technologies and applications such as the digital economy, the Internet, artificial intelligence, and driverless driving, properly handle relevant cases, and promote the development of new models and new formats in accordance with the law." said Yu Maoyu, deputy director of the Supreme Court Office.
Use judicial judgments to set the scale, clarify boundaries, and promote governance
"Cyberspace should not be a place outside the law."
However, in the face of continuous innovation, iteration, and rapid development of new Internet technologies and new business formats, the traditional governance model has lagging behind, and sometimes even "rule gaps" appear.
For example, does artificial intelligence "work" enjoy copyright?
Does using big data to "kill familiarity" constitute discriminatory behavior?
Does pushing others' reading habits without permission constitutes infringement?
Does the video website require "golden VIP members" to pay for "advanced on-demand" hit shows infringing on the rights of users?
These issues have a certain frontier nature, and it is impossible to immediately enact laws and regulations.
"In contrast, judicial trials have the advantages of flexibility, openness, and inclusiveness. They can continue to establish judgment rules through case trials, break'digital monopolies' or barriers to competition, and gradually promote the governance of cyberspace according to law, so that fairness and justice can prevail. The digital space is not lacking and has shown results, and it also provides practical materials for the formulation and improvement of relevant laws in the future." said He Fan, deputy director of the Supreme Law International Cooperation Bureau.
In recent years, the Internet courts in Beijing, Hangzhou, and Guangzhou have taken advantage of centralized jurisdiction, typified cases, and specialized trials to hear a number of cases with extensive social influence and demonstration significance of rules, and continue to reform and explore the promotion of the rule of law in the Internet. .
The Beijing Internet Court found that in the trial of the "sweeping traffic" transaction between Chang and Xu, the agreement between the two parties violated the bottom line of business ethics, undermined the order of normal market competition, infringed on the interests of unspecified Internet users, and harmed the interests of the majority of unspecified Internet users. Social public interest violates public order and good customs, and its behavior should be "absolutely invalid", and the profits made by both parties in performing the contract shall be collected in accordance with the law.
In the trial of the mobile phone application traffic hijacking case, the Hangzhou Internet Court determined that the defendant constituted unfair competition, ordered the plaintiff to compensate the plaintiff for losses of 500,000 yuan, and published a statement to eliminate the impact.
The referee in this case clarified the judging standards for traffic hijacking and other unfair competition behaviors, and delineated a reasonable boundary for the application of technology.
In response to the characteristics of Internet disputes in their jurisdictions, the Internet tribunals or trial teams of local courts are regulating online transactions, defining online platform responsibilities, regulating online infringements, curbing Internet monopoly and unfair competition, maintaining personal information security, and strengthening the protection of intellectual property rights in cyberspace. In combating cybercriminals, a series of judgments with the significance of establishing rules have been made, which has effectively promoted the improvement of the Internet judicial adjudication rules system and effectively brought into play the function of governing the Internet according to law.
"The people’s courts have demonstrated to the society through the trial of a series of network disputes: In the Internet era, network operators and consumers must adhere to technological civilization for good, hold the bottom line of law, integrity, and core values of socialism, and those who challenge the bottom line will Suffering from its own fruit, subject to legal sanctions." Liu Guixiang said.