BEIJING, Beijing, September 24 (Reporter Zhang Ni) Recently, the Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Public Security jointly issued the Notice on Preventing and Combating Telecommunication Network Fraud. According to the Circular, telecom fraud criminals who refuse to surrender themselves before October 31 will be severely punished according to law. At the same time, it is clear that telecom enterprises will ensure that the telephone real name rate reaches 100% before the end of this year.
6 the final "ultimatum" under the department
— — Telecom fraudsters who do not surrender before the end of October will be severely punished.
In order to curb the spread of telecommunication network fraud, the Circular emphasizes that public security organs should take the initiative to make telecommunication network fraud cases criminal cases according to law, focus on detecting a number of cases, destroying a number of criminal gangs, rectifying a number of key areas, and resolutely pull out a number of "nails" of regional professional telecommunication network fraud crimes.
For those who commit telecommunication network fraud crimes, the six departments also issued a final "ultimatum", clarifying that from the date of publication of the Notice to October 31, 2016, those who voluntarily surrender and truthfully confess their crimes will be given a lighter or mitigated punishment according to law, and those who refuse to surrender within this prescribed time limit will be severely punished according to law.
[Interpretation]
"Telecommunication network fraud involves a wide range, which has great social impact and harm. Therefore, from the perspective of maintaining public order and citizens’ property rights and interests, it should be a kind of fraud crime that is severely punished." Ruan Qilin, a professor at China University of Political Science and Law and an expert in criminal law, told the reporter of Zhongxin. com (WeChat WeChat official account: cns2012) that telecommunication network fraud is a crime of fraud legally, and should be convicted and sentenced in accordance with the relevant provisions of the Criminal Law.
The reporter noted that in recent years, the judicial level has also made corresponding adjustments in response to telecommunication network fraud crimes. For example, in 2011, the judicial interpretation of the "two highs" made provisions on punishing attempted fraudsters, which provided a clear normative basis for the judicial organs to severely punish telecommunication network fraud according to law. The Criminal Law Amendment (IX), which came into effect in November last year, also explicitly criminalizes the disclosure of citizens’ personal information.
In Ruan Qilin’s view, criminals usually commit fraud in different places or even across borders in an organized way, and generally have a complete set of criminal means, which makes it more difficult to crack down, especially in reconnaissance and evidence collection. Therefore, more energy should be invested in this field in the future to improve the detection rate.
Mobile phone real-name registration system is implemented in advance.
— — Telecom enterprises ensure that the real-name telephone rate will reach 100% before the end of this year.
The Circular requires that telecom enterprises should strictly implement the registration system of telephone users’ real identity information to ensure that the real-name rate of all telephones will reach 96% by the end of October 2016 and 100% by the end of the year. Units and individuals that have not registered their real names shall register their phones in real names as required, and those who have not completed the registration of real identity information within the specified time shall be shut down.
[Interpretation]
The notice previously issued by the Ministry of Industry and Information Technology requires that all basic telecommunications enterprises should ensure that the real-name rate of all telephone users of their own enterprises reaches over 95% before December 31, 2016, and all telephone users will realize real-name registration before June 30, 2017. The Notice issued this time is to advance the deadline of real-name registration system to the end of this year.
The reporter noted that in fact, many areas have begun to implement the policy of stopping without real name. The relevant persons in charge of the three major operators have previously told Zhongxin.com that in Beijing, the non-real-name shutdown policy will be implemented in batches from October 15, and all non-real-name mobile phone users will be shut down by the end of October at the latest.
For mobile phone users who are not real names, Tianjin Mobile will gradually restrict their communication services from September 25th, start semi-shutdown and shutdown processing on October 8th, and cancel the number of users who are not real names on December 30th.
Clean up 400 and other telephone services.
— — All illegal VoIP services shall be banned according to law.
The Circular clearly stipulates that telecom enterprises should strictly regulate the transmission of calling numbers of international communication service import and export bureaus, fully implement the standardized cleaning and caller authentication of voice private lines, intensify the detection and interception of false callers within and between networks, immediately clean up and standardize telephone services such as No.1, business switchboard and 400, and ban all VoIP services that operate illegally according to law. Agents at all levels who operate illegally are ordered to make rectification within a time limit. Those who fail to do so within the time limit will be revoked by relevant departments, and civil and administrative responsibilities will be seriously investigated. Mobile resale enterprises should conduct business according to law, and mobile resale enterprises that are ineffective in rectification and repeatedly violate regulations will be resolutely investigated and punished according to law until the corresponding qualifications are cancelled.
[Interpretation]
As early as April this year, the Network Security Administration of the Ministry of Industry and Information Technology, the Information and Communication Development Department, the Information and Communication Administration and the Beijing Communications Administration urgently interviewed three mobile communication resale enterprises (virtual operator) that were not implemented in real-name registration system. The three companies are required to immediately conduct a comprehensive investigation on the development of the company’s real-name registration system and seriously carry out rectification.
Subsequently, the Ministry of Industry and Information Technology issued the Notice on Strengthening Standardized Management to Promote the Healthy Development of Mobile Communication Resale Business, further requiring resale enterprises, that is, virtual operator, to immediately carry out self-examination and self-correction, and complete the work of re-registration of user identity information for telephone numbers that were not registered in real name or falsely registered in the previous period within one month. On this basis, the Notice issued this time has further intensified the crackdown on illegal VoIP services.
Specify ATM transfer arrival time
— — Transfer money to others by ATM from December, and it will take 24 hours to arrive.
According to the Circular, since 2017, banking financial institutions and non-bank payment institutions will stop all over-the-counter business of bank accounts (cards) and payment accounts for units and individuals and related organizers who have been recognized by public security organs at or above the district level, and for units and individuals who have opened bank accounts (cards) or payment accounts by impersonating others or fictitious agency relationships.
For the accounts involved that have been identified by the public security organs at or above the district level as being used by criminals to commit telecommunication network fraud, the non-counter business will be suspended for other bank accounts under the account holder’s name, and all business will be suspended for payment accounts. Since December 1, 2016, if an individual transfers money to a non-named account through a bank ATM, the funds will be received 24 hours later.
[Interpretation]
Open a bank account with a picked-up ID card, impersonate a school leader to commit serial fraud, and impersonate someone else’s ID card to handle bank card transactions hundreds of times … … In recent years, there have been frequent cases of opening bank accounts or even committing crimes by using someone else’s identity, which has caused public anxiety. This time, the "Notice" clarified the punishment measures for illegal acts such as renting, lending, selling, buying bank accounts (cards) or payment accounts, and opening bank accounts (cards) or payment accounts by impersonating others’ identities or fictitious agency relationships, further enhancing the protection of citizens’ personal information security. It also reduces the risk of economic loss by stipulating the time when funds arrive after ATM transfers money to others.
Multi-department combined boxing to crack down on telecommunication network fraud
The freshmen admitted to the college entrance examination died of cardiac arrest, and Professor Tsinghua lost tens of millions of house money by telecom fraud … … Recently, telecommunication network fraud cases have occurred frequently, and the rampant criminal behavior has aroused public concern. In view of this situation, since last year, China officials have launched a high-density crackdown on telecom fraud, which is severe and addresses both the symptoms and the root causes.
In June, 2015, the State Council approved the establishment of an inter-ministerial joint conference system composed of 23 departments and units to combat and control new crimes in telecommunication networks, and strengthened organizational leadership and overall coordination.
In July of the same year, the Ministry of Industry and Information Technology issued the Work Plan for Comprehensive Management of Bad Network Information to Prevent and Combat Communication Information Fraud, and deployed the communication industry to carry out a special campaign for half a year. In the following October, the State Council held the first meeting of the inter-ministerial joint meeting on cracking down on new illegal crimes in telecommunication networks, and further clarified the tasks and requirements for doing a good job in governance.
Just this month, the China Banking Regulatory Commission and the Ministry of Public Security promulgated and implemented new regulations, requiring public security organs to implement the work of freezing the return of funds in new illegal and criminal cases in telecommunications networks according to law. The public security organ is responsible for finding out the victim’s capital flow, informing the victim in time, and making a decision on the return of the victim’s property with clear ownership and implementing the return.
Guo Shengkun, State Councilor and Minister of Public Security, stressed at the third meeting of the the State Council Inter-Ministerial Joint Conference on Combating and Governing New Crimes of Telecommunication Network held in Beijing on 23rd that although the crackdown on governance has achieved certain results, the high incidence of telecommunication network fraud has not been fundamentally curbed. In view of the current chaos of citizens’ personal information disclosure, the inter-ministerial joint meeting decided to organize a one-year special campaign to crack down on citizens’ personal information.
In addition, Guo Shengkun emphasized that the competent authorities of the industry should be held accountable for any failure of relevant enterprises to perform their duties effectively due to the failure to implement the regulatory responsibilities of the industry. Where the prevention, rectification and crackdown measures are not implemented, resulting in a serious problem of telecommunication network fraud, it is necessary to implement a comprehensive management "one-vote veto" and hold the relevant party and government leaders accountable.
According to news from the Ministry of Public Security, from January to August this year, 71,000 cases of telecommunication network fraud were cracked nationwide, up 2.4 times year-on-year; Investigated and dealt with 38,000 criminals, up 2.5 times year-on-year; The collection of stolen money was equivalent to RMB 1.65 billion, which saved the people from losses of RMB 3.64 billion.
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