China News Service, Beijing, June 30 (Reporter Guo Chaokai) The second review draft of the Anti-Telecommunications Network Fraud Law was recently submitted to the 35th meeting of the Standing Committee of the 13th National People's Congress for deliberation.
Compared with the first-review draft, the second-review draft of the draft increases the punishment for illegal acts of telecommunication network fraud and expands the governance of the "capital chain". one step closer.
Increase the punishment, with a maximum penalty of three years not allowed to leave the country
At present, the criminal activity of telecommunication and network fraud has developed into a prominent crime with the highest incidence, the largest loss and the strongest public reaction.
Although the number of telecommunications network fraud cases across the country has decreased year-on-year for 12 consecutive months, and the detection rate has increased year-on-year, the majority of people are still suffering from it.
Some voices believe that the repeated prohibition of telecommunication network fraud is mainly because the current criminal law and criminal procedure law do not impose enough penalties on fraudsters, and call for greater punishment.
During the public consultation on the draft Anti-Telecommunications and Network Fraud Law, 28,000 comments were received from more than 13,000 people.
The public generally believes that it is necessary to strengthen the punishment of criminals, and it is recommended to further increase the punishment for telecommunication and network fraud crimes, which will greatly deter criminals.
The second-examination draft of the Anti-Telecommunications Network Fraud Law, which was recently submitted to the Standing Committee of the National People's Congress for deliberation, also complied with the voices of the public.
The second draft of the draft increases the range of fines for the legal liability part, increases the punishment for illegal acts, and strengthens the governance measures for cross-border telecommunication network fraud.
For example, those who engage in relevant fraudulent support and assistance activities shall have their illegal income confiscated, and a fine of more than one time but not more than ten times the illegal income shall be imposed. If there is no illegal income, a fine of less than 500,000 yuan shall be imposed; if the circumstances are serious, the public security organ shall also impose a fine of ten times the amount of the illegal income. Detention for less than five days.
In this regard, Yuan Bin, a professor at the Institute of Criminal Law of Beijing Normal University, said that telecommunications network fraud is a property-related crime, and deterring telecommunications network fraud gangs will inevitably increase their illegal costs and reduce their criminal income.
However, due to the difficulty in collecting evidence, telecommunication network fraud is difficult to investigate and deal with illegal income, and there are few problems in identifying it. Increasing the ratio of fines will help to better punish illegal crimes, and by increasing the cost of illegality, it will stifle their idea of engaging in electronic fraud.
In addition to increasing the range of fines, the second review draft of the draft also clarified measures such as restricting the exit of fraudsters.
In recent years, criminals have moved their crime dens to overseas regions such as Southeast Asia in order to avoid the arrest of domestic police.
Many domestic people have been deceived out of the country and engaged in electronic fraud activities overseas.
In response to this phenomenon, the second review draft of the draft specifically stipulated that for those who are criminally punished for engaging in telecommunication network fraud, the immigration management agency may decide not to allow them to leave the country for six months to three years from the date of completion of the punishment.
Yuan Bin affirmed the provisions of the second draft of the draft: "On the one hand, this is in line with the Anti-Telecommunications Network Fraud Law and the general idea and basic direction of the combination of prevention and prevention in my country's governance of crimes and crimes. On the other hand, this It conforms to the basic characteristics of telecommunication network fraud. One of the prominent features of current telecommunications network fraud is that Chinese people go abroad to engage in electronic fraud activities. Immigration management agencies take measures to restrict the exit of such fraudsters, which can prevent crimes. Preventing them from repeating the same mistakes can also effectively reduce the occurrence of telecom and network fraud cases.”
Expand "capital chain" governance and strengthen anti-fraud publicity
Rebates from swiping bills, fake investment and wealth management, fake online loans, pretending to be customer service, pretending to be public prosecutors... For a long time, there have been various telecommunication and network fraud methods that make people hard to guard against.
In 2021, a total of 441,000 telecom and network fraud cases will be cracked across the country, and 690,000 criminal suspects will be arrested.
The National Anti-Fraud Center urgently stopped the payment of 329.1 billion yuan of funds involved in the case, successfully preventing 28.91 million people from being defrauded.
As a crime against property, telecommunications and network fraud gangs target the people's "money bag".
Different from the traditional "face-to-face" fraud methods, fraud gangs use "Internet + finance" to induce victims to use online transfers, and quickly realize the online transfer and "cleaning" of the defrauded funds, which allows the relevant departments to intercept the defrauded funds. brought many difficulties.
Preventing the illegal transfer of funds through the use of the financial system has become an important part of the legislation of the Anti-Telecommunication Network Fraud Law.
To this end, the second review draft of the draft expands the fraud-related monitoring and governance objects from bank accounts and payment accounts to payment tools and payment services such as digital RMB wallets and collection barcodes; in order to ensure the effectiveness of monitoring and identifying abnormal accounts and suspicious transactions, it is clear that Financial institutions may collect necessary transaction and equipment location information in accordance with the law; payment institutions are required to transmit relevant transaction information completely and accurately in accordance with regulations, to prevent telecommunication network fraudsters from using this to launder money.
In the eyes of the outside world, telecommunications network fraud is preventable. To combat telecommunications network fraud, we must not only strengthen the governance of the "capital chain", but also continue to create a strong anti-fraud atmosphere in the whole society, and comprehensively improve the public's ability to recognize and prevent fraud.
To this end, the second-review draft of the Anti-telecom Fraud Law also adds relevant obligations for financial institutions, telecommunications companies, Internet companies and news media units to conduct anti-telecom network fraud publicity.
Multi-department cooperation to control fraud in the whole chain
For a period of time, telecommunications and network frauds have occurred frequently, and criminal activities have been rampant.
Although the public security organs crack down on electricity fraud, from the perspective of practice, there are still loopholes and weak links in the governance of industries such as communications, finance, and the Internet.
A large number of phone cards, bank cards, and online accounts are used for fraudulent activities, which need to be managed urgently.
This requires the joint efforts of multiple departments to build an anti-fraud "protection net".
The forthcoming anti-telecommunication network fraud law is expected to solve this problem from the legislative level.
Yang Heqing, a spokesman for the Legislative Affairs Commission of the Standing Committee of the National People's Congress, said that the Anti-Telecom Fraud Law is a special piece of legislation with a "small cut".
In order to strengthen the whole-chain governance, the second review draft of the draft expanded the main body of responsibility for early warning and dissuasion, added early warning and dissuasive measures for other departments and financial, telecommunications, and Internet companies, and further released a clear signal that anti-fraud work should be jointly managed.
In Yuan Bin's view, cracking down on telecommunications and network fraud requires the cooperation of multiple departments such as public security, telecommunications, Internet, and finance to form a joint governance force in order to maximize the governance effect.
The Anti-Telecom and Network Fraud Law is a "small cut" legislation, and it is necessary to focus on a specific and practical matter.
This kind of power is concentrated in the governance of telecommunication network fraud and crimes. It is necessary to focus on horizontal governance and strengthen the horizontal cooperation of various departments; more importantly, it is necessary to pay attention to the development law and development process of illegal crimes, pay attention to starting from each link, and strengthen the cooperation of various departments. Vertical coordination to achieve full-chain governance of illegal and criminal activities.
Some comments here pointed out that the special legislation was passed this time to strengthen the governance of fraud-related illegal services, equipment, and industries, regulate and control the black and gray industries related to telecommunications and network fraud from the source, squeeze the criminal space, and eradicate the criminal soil. , Effectively combating the crime of telecommunication network fraud provides a solid legal guarantee.
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