□ Guo Minglong
For a period of time, the means of using the Internet to carry out fraud related to the elderly have been continuously renovated. Some criminals have set up "routines" through website platforms and mobile apps, and promised high returns in the name of elderly care services, health care, investment and wealth management, and carried out online fraud, Illegal fund-raising, pyramid selling and other illegal and criminal activities have extended the "black hands" to the elderly's pension funds, seriously infringing on the legitimate rights and interests of the elderly.
Combating old age-related fraud is a social system project that requires joint efforts.
Recently, the seventh departmental meeting of the national special office to crack down on pension fraud was held at the Central Network Information Office.
The meeting summarized the previous work on rectification of pension-related fraud in the Internet and informatization field, analyzed the new situation faced by the current rectification work, and discussed the work measures for the next stage.
The meeting put forward four consultation opinions, requiring that both online inspections and offline disposal should be emphasized in clue investigation; strict inspection and regulation should be emphasized in problem rectification; guidance and warning should be emphasized in publicity; Responsibility and regulatory responsibility are equally important.
It can be seen that these opinions reflect the basic idea of paying equal attention to both attack and defense and comprehensive management.
Cutting off the "black hand" is the first step in typing, involving legislation, law enforcement and justice, and involving a complete legal norm system and an efficient rule of law enforcement system.
In terms of legislation, we should strengthen the research on old-fashioned fraudulent behaviors in the field of cybersecurity and informatization. In addition to the basic laws, we can eliminate regulatory gaps through some "small", "fast" and "spiritual" multi-level legislation, and enhance the pertinence, applicability and efficiency of norms. Operability, so that lawless elements have no room to drill.
The focus of legislation is on the allocation of legal rights, obligations and responsibilities. Both main responsibility and supervisory responsibility must be paid attention to. In terms of compacting the main responsibility of the website platform, the limits of the "safe haven rules" must be reasonably delimited, and the website platform should not be allowed to use the excuse of "technology neutrality". Abandon the compliance management of registered accounts, and the website platform should be assigned civil, administrative or even criminal liability if it neglects to perform its duties.
In terms of law enforcement, there are many departments involved in old-fashioned fraud in the Internet field. Public security, Internet information, market supervision, civil affairs and other departments have supervisory responsibilities. Each department must not only be responsible and responsible, but also be in place and not offside, and notify each other of the signs of the case. and handling progress, special offices and departmental joint meetings will help all departments to take the initiative to encircle and clean up fraudulent projects involving the elderly in various names in the society.
Judicially, it is necessary to be good at grasping the essence of various behaviors involving elder fraud. No matter how cunning the criminals are, they will not be able to fight as good hunters. They will not tolerate or acquiesce.
To cut off the "black hand" needs to treat both the symptoms and the root causes.
The "black hands" involved in old-fashioned fraud in the field of Internet informatization take advantage of the "digital divide" of the elderly, lure the elderly who lack technical ability and rational judgment, and let them fall into the trap. Pushed clean.
Therefore, the solution to the root cause lies in bridging the technological and rational divides in the digital age.
In terms of eliminating the technical gap, in recent years, relevant departments have made great efforts to develop anti-fraud publicity products that elderly netizens can "see clearly" and "read". Relevant departments have carried out a large number of warning education, publicized a number of typical cases of fraud involving the elderly, in-depth exposure of online fraud routines, and helped the elderly improve their fraud prevention awareness and ability.
The elderly have the right to enjoy the convenience of the digital age. The next step is to consider eliminating the "digital divide", strengthening the aging-friendly transformation of website platforms and app mini-programs, so that the elderly can be familiar with safe and affordable website platforms and products and services, and improve the ability to use the Internet , and constantly meet the diverse needs of the elderly.
To cut off the "black hands" involved in old-fashioned fraud in the field of Internet and informatization requires comprehensive governance.
Protect the legitimate rights and interests of the people in accordance with the law, and take root-cause measures for various problems that arise, so that practitioners are afraid, unwilling, or unwilling to break the law, and protect the lives and health of the people with the rule of law.
The purpose of publicity and warning is not to keep the elderly away from the Internet, but to enhance their risk prevention awareness and identification ability, and through the formation of a severe punishment situation, reduce the fraud rate and comprehensively protect the legitimate rights and interests of the elderly.
(The author is associate dean and professor of Tianjin Normal University Law School)