Why illegal social organizations "fight but not die"
Since the beginning of this year, 56 illegal social organization websites have been shut down. An investigation by reporters found that the phenomenon of resurgence of shelling still exists
● Since March this year, the Ministry of Civil Affairs, in conjunction with relevant departments, has shut down 56 illegal social organization websites and their new media accounts in batches
● The reason why illegal social organizations "fight but not die" is that on the one hand, their establishment and organizational activities have low costs and high profits; on the other hand, the current legal supply is insufficient
● Rectifying illegal social organizations is a long-term, arduous, and complex task. We must strengthen the legal punishment of illegal social organizations and their related responsible persons, enhance the awareness and recognition ability of all sectors of society against illegal social organizations, and eliminate them. The resurgence of living soil
□ Our newspaper trainee reporter Sun Tianjiao
□ Our reporter Chen Lei
The National Association of Township Mayors, the National Federation of Celebrity Painting and Calligraphy and Art Circles, the National Government Legal Service Alliance, and the National Healthy Breeding Working Committee... Recently, the Ministry of Civil Affairs, the Central Cyberspace Administration of China, and the Ministry of Industry and Information Technology shut down the fifth in 2021 according to law. Approved 13 illegal social organization websites and their new media accounts.
The Ministry of Civil Affairs emphasized that it will continue to maintain a high-pressure strike, strengthen network monitoring and investigation, conduct simultaneous online and offline investigations, and resolutely eradicate the breeding ground of illicit social organizations.
For promoters of illegal social organizations that are bad in nature and have not changed after repeated teachings, they will be submitted to the industry and information department to be included in the blacklist of illegal Internet sites (sponsors) in accordance with the law.
Illegal social organization refers to an organization that has not been registered by the civil affairs department to carry out activities in the name of a social organization, and continues to operate in the name of a social organization after its registration is cancelled, and that conducts activities other than preparations during the preparation period.
A reporter from the Rule of Law Daily found that since March this year, the Ministry of Civil Affairs, in conjunction with relevant departments, has shut down 56 illegal social organization websites and their new media accounts in batches.
A number of experts interviewed by reporters believe that relevant departments’ irregular and high-frequency releases to ban illegal social organizations in accordance with the law show that the work of cracking down on illegal social organizations has changed from centralized rectification to normalization, which will effectively crack down on and curb the activities of illegal social organizations.
However, rectifying illegal social organizations is a long-term, arduous, and complex task. We must strengthen the legal punishment of illegal social organizations and their related responsible persons, enhance the awareness and recognition ability of all sectors of society against illegal social organizations, and eliminate them. The resurgence of living soil.
Defrauding money under the guise of prestige
In March of this year, the Ministry of Civil Affairs, in conjunction with the competent authorities of cyberspace and telecommunications, shut down 10 illegal social organization websites in accordance with the law and cleared relevant information on related web pages.
This is the first batch of illegal social organization websites shut down in 2021 by the Ministry of Civil Affairs and relevant departments.
Involved in illegal social organizations that have been banned, such as the China Security and Protection Technology Engineering Industry Association, the China Artistic Celebrities Association, and the Party Founding Art Award Organizing Committee.
In the following months, the Ministry of Civil Affairs, in conjunction with relevant departments, shut down the second, third, fourth, and fifth batch of illegal social organization websites and their new media accounts in 2021 in accordance with the law.
On February 23 this year, the relevant person in charge of the Ministry of Civil Affairs introduced at a press conference held by the State Information Office that the Ministry of Civil Affairs has a "zero tolerance" attitude towards illegal social organizations.
In 2018, the Ministry of Civil Affairs and the Ministry of Public Security jointly launched a nine-month special campaign to combat and rectify illegal social organizations, and dealt with more than 14,000 illegal social organizations in accordance with the law.
The relevant person in charge of the Ministry of Civil Affairs stated that the closure of the websites of illegal social organizations and new media accounts means that the Ministry of Civil Affairs will investigate the websites of illegal social organizations that have been banned, and consolidate the closed loop of online and offline governance.
Chen Meng, director of the Administrative Law and Administrative Litigation Law Professional Committee of the Beijing Lawyers Association, said in an interview: "Illegal social organizations are distributed in a wide range of fields, including cultural and artistic fields, health fields, science fields, charity fields, and economic and financial fields. Most concentrated."
In Chen Meng's view, these illegal social organizations usually use the packaging of "tall and big" or label them with words such as "China", "China" and "national"; Activities; or only one word difference with some legally registered national social organizations, making it difficult for the public to distinguish between true and false; or under the banner of state agencies or institutions affiliated to institutions; or invite some retired cadres to use diversified platforms Conduct illegal activities online and offline.
According to Chen Meng's observation, the illegal social organizations that have been shut down for processing this year show the characteristics of a more scattered and extensive distribution of industries and regions.
In response to the Internet, which breeds illegal social organizations, the civil affairs department and other departments have carried out joint rectification, conducted investigations without blind spots on the Internet, and purified the cyberspace.
"After the Ministry of Civil Affairs, in conjunction with the Ministry of Public Security, focused on cracking down on illegal social organizations, they released a list of illegal social organizations that were banned in accordance with the law from time to time, and the work of cracking down on illegal social organizations changed from centralized rectification to normalized management." Chen Meng said.
Insufficient supply of existing laws
The resurgence of shell swaps must be vigilant
While the Ministry of Civil Affairs and relevant departments have shut down the fifth batch of illegal social organization websites and their new media accounts in accordance with the law, they also announced the seventh batch of illegal social organizations banned by local civil affairs departments on their official website.
"Beijing Yijing College" is one of the illegal social organizations that have been banned.
On August 25, the reporter searched for "Beijing Yijing College" in Baidu search engine. Baidu Encyclopedia clearly stated: In June 2021, Beijing Municipal Civil Affairs Bureau banned illegal social organizations such as "Beijing Yijing College".
However, the reporter can still see a web page named "Beijing Yijing College" on the search interface, and the page URL is "www.95yijing.com", which can still be browsed and used normally.
After logging in, the reporter saw that it was still pushing information on August 25.
There is also a "Beijing Yijing Research Institute" with a name similar to "Beijing Yijing Academy" on the search interface. The address of this page is "www.yijing95.com", which is similar to the website of "Beijing Yijing Academy".
When the reporter pulled the webpage of "Beijing Yijing Research Institute" to the bottom, and saw that the bottom of its webpage stated: Copyright 2012 Beijing Yijing Institute.
On the same day, the webpage of "Beijing Yijing Research Institute" could be browsed normally. The webpage not only provided training courses consultation, but also marked the registration hotline in a prominent place.
The reporter logged into the government service platform of Chinese social organizations, but did not find the registration information of the "Beijing Yijing Research Institute".
The reporter then logged into Weibo to search and found that there was a redirect link to the official Weibo account in a prominent position on the homepage of the "Beijing Yijing Research Institute" website. After clicking in, it would directly jump to the Weibo account @刘恒老师, the identity of the account. Certified as a trainer at Beijing Yijing College.
On the page of Beijing Yijing College, Liu Heng is the “dean of the college”.
After the reporter searched the WeChat official account search bar with "Beijing Yijing Academy", the first search result was the WeChat official account "Liu Hengyijing".
The name record shows that on June 11, 2020, "Liu Heng I Ching" certified "Beijing I Ching College"; on July 7, 2021, "Beijing I Ching College" certified "Liu Heng I Ching".
Why do illegal social organizations "fight but not die"?
According to Professor Mi Liang, Dean of the School of Law of Beijing Foreign Studies University, on the one hand, its establishment and organization of activities have low costs and high returns; on the other hand, the current supply of laws to govern illegal social organizations is insufficient. Except for a few administrative regulations, it is mainly departmental. Regulations, normative documents, etc., lack high-level social organization laws.
Mi Liang gave an example that for an illegal social organization identified after investigation, the registration management agency should make a decision to ban the organization in accordance with the law, declare the organization illegal, and make an announcement.
"Obviously, the ban by the civil affairs department is mainly to inform them that it is an illegal social organization in the procedure, and lack substantive punishment content, let alone directly deal with the organizer."
According to the provisions of the Public Security Administration Punishment Law, the perpetrators of “a social organization whose registration has been revoked in accordance with the law and still conduct activities in the name of a social organization” can be “detained for not less than ten days but not more than fifteen days, and be sentenced to more than five hundred yuan and one thousand yuan. Fines below RMB yuan".
Mi Liang believes that, compared with the huge amount of illegal benefits obtained by illegal social organizations, such punishments are obviously not enough to prevent their resurgence.
Moreover, it is difficult to trace the source of such illegal social organizations by administrative means alone.
"The criminal law also has blind spots in cracking down on illegal social organizations. In the documents governing illegal social organizations, there are often expressions such as'suspected of crimes, transferred to judicial organs for criminal responsibility in accordance with the law.' However, it is difficult to pursue illegal social organizations in practice. Criminal responsibility. The main reason is that my country's criminal law does not directly stipulate criminal responsibility for such illegal social organizations." Mi Liang said.
Source governance compression space
Intensify precision strikes
In the future, how can we further carry out activities to combat illegal social organizations and prevent the revival of illegal social organizations that have been banned?
Mi Liang believes that the first thing to do is to improve the legislation. Only legislation can solve the problem fundamentally and systematically.
In recent years, our country has accumulated a lot of experience in the management of social organizations and formed some mature systems. The legislative conditions are already available, and the pace of legislation needs to be accelerated.
For example, the highest legislature shall formulate a special social organization management law; some illegal social organizations shall be resolutely banned and sanctioned; the criminal law shall include provisions on combating illegal social organizations to pursue criminal responsibility for illegal social organizations.
In his view, cracking down on illegal social organizations is a long-term, arduous and complex task. We must adhere to system thinking, strengthen systematic governance, legal governance, comprehensive governance, and source governance, reduce the space for illegal activities, and reduce public The possibility of service facilities and places, Internet companies, financial institutions, etc., to provide services for their illegal activities.
It is necessary to investigate those institutions and units that use social organizations to illegally operate to make money, and then increase the crackdown on the organizers, main implementers, and participants of illegal social organizations, form a strong encirclement, and cut off the interest chain of illegal social organizations.
In addition, Mi Liang also suggested strengthening the education of the masses on identifying illegal social organizations.
Local civil affairs departments can conduct extensive publicity through broadcasting, newspapers, text messages, and the Internet to enhance the awareness and identification of illegal social organizations from all walks of life, and lay a good foundation for the in-depth development of special actions against illegal social organizations.
"Similar illegal social organizations have a certain degree of similarity or similarity in their industries, activity patterns, economic sources, and even the responsible personnel of major organizations. Some objective laws can be explored in the rectification of similar illegal social organizations." Chen Meng said For example, most of the same kind of illegal social organizations belong to the same industry, and the social organization management department can, in conjunction with the competent department of the industry, introduce targeted crackdown measures.
Chen Meng believes that credit management of personnel participating in illegal social organizations should also be carried out, a "blacklist" of persons responsible for illegal social organizations should be established, and information sharing, coordination and cooperation with relevant departments such as public security, market supervision, and Internet information should be strengthened, and further increase The crackdown on illegal social organizations and those directly responsible.
"While cracking down, we should think about how to achieve effective governance of social organizations." Chen Meng suggested that the registration system for social organizations can be adjusted in time according to the development of social economy to respond to actual needs. It is not suitable for unregistered social organizations. "One size fits all" identification of illegal, can be treated separately, not only to severely crack down on illegal social organizations that engage in illegal activities, endangering national security and people’s property, but also to meet people's needs for legal development of social organizations, so that social organizations can take the lead. Sound development track.
Chen Meng believes that standardizing the operation of social organizations allows social organizations to truly become social service organizations, clarifies the boundary between the government and social organizations, and allows "illegal social organizations" to lose room for survival, thereby achieving the goal of developing legal social organizations and improving social functions. .Keywords: