According to the Anti-Telecommunication Network Fraud Law, who will take the lead in the anti-telecommunication network fraud work?

(This article is typeset by China Anti-Fraud Alliance)

Editor's note:

The Law of People's Republic of China (PRC) on Combating Telecommunication Network Fraud was adopted at the 36th meeting of the 13th NPC Standing Committee on September 2, 2022, and will be implemented on February 1 day, 2022. There are 50 articles in Chapter 7 of the Anti-Telecommunication Network Fraud Law, of which the public security organ 18 is arranged as follows for your key study:

Chapter I General Provisions

1. Public security organs take the lead in anti-telecommunication network fraud.

, finance, telecommunications, network information, market supervision and other relevant departments in accordance with their duties to fulfill the main responsibility of supervision, responsible for their respective fields of anti-telecom network fraud. (art 6, para. 3)

Chapter II Telecommunication Governance

Telecom operators and Internet service providers take technical measures to identify and prevent illegal devices and software from accessing the network, and

Report to the public security organs and relevant industry authorities.

. (art 14, para. 2)

Chapter III Financial Governance

The People's Bank of China will co-ordinate the establishment of a unified anti-money laundering monitoring system for banking financial institutions and non-bank payment institutions.

In conjunction with the State Council Public Security Department

Improve the anti-money laundering suspicious transaction reporting system that adapts to the characteristics of the flow of funds in telecommunication network fraud crimes. (Article 18, paragraph 12)

4. The public security department of the State Council shall, jointly with the relevant departments, establish and improve the system of instant inquiry, emergency stop payment, quick freezing, timely unfreezing and return of funds involved in telecommunication network fraud, and clarify the relevant conditions, procedures and relief measures. If the public security organ decides to take the above measures according to law, banking financial institutions and non-bank payment institutions shall cooperate.

. (Article 20)

Chapter IV Internet Governance

Internet service providers should

According to the requirements of public security organs and telecommunications departments

, check the related Internet accounts registered with the calling cards involved and the abnormal calling cards involved in fraud, and take measures such as correcting within a time limit, restricting functions, suspending use, closing accounts and prohibiting re-registration according to the risk situation. (art 22, para. 2)

6. Public safety

, telecommunications, network information and other departments and telecommunications business operators, Internet service providers should strengthen the monitoring and timely disposal of fraudulent applications downloaded and disseminated outside the distribution platform. (art 23, para. 3)

7. If the public security organ handles the case of telecommunication network fraud and obtains evidence according to law, the Internet service provider shall provide technical support and assistance in time.

Internet service providers shall, when monitoring fraud-related information and activities in accordance with the provisions of this law, monitor according to the types and degrees of fraud-related risks and the relevant provisions of the state.

Transfer to public security, finance, telecommunications, network information and other departments.

. The relevant departments shall establish and improve the feedback mechanism and inform the transfer unit of relevant information in a timely manner. (Article 26)

Chapter V Comprehensive Measures

8. The public security organs should establish and improve the working mechanism to combat and control telecommunication network fraud, strengthen the construction of specialized teams and technologies, and closely cooperate with local public security organs to effectively punish telecommunication network fraud activities according to law. When a public security organ receives a report of telecommunication network fraud or discovers telecommunication network fraud, it shall file a case for investigation in accordance with the provisions of the Criminal Procedure Law of People's Republic of China (PRC).

. (Article 27)

9. When handling telecommunication network fraud cases, public security organs should also verify the sources of personal information used in the crime and investigate the responsibilities of relevant personnel and units according to law.

(Article 29)

No unit or individual may illegally buy, sell, lease or lend telephone cards, Internet of Things cards, telecommunication lines, short message ports, bank accounts, payment accounts, Internet accounts, etc. , and shall not provide real-name verification assistance; Do not open the above-mentioned cards, accounts, account numbers, etc. By impersonating another person's identity or fictional agency relationship.

Identification of public security organs at or above the municipal level with districts.

Units, individuals and relevant organizers who commit the acts mentioned in the preceding paragraph, as well as persons who are subject to criminal punishment for engaging in telecommunication network fraud or related crimes, can record their credit records in accordance with relevant state regulations, and take measures such as restricting their functions such as cards, accounts and account numbers, stopping counter business, suspending new business, and restricting access to the network. If there is any objection to the above identification and measures, a complaint may be filed, and the relevant departments shall establish and improve the complaint channels, credit repair and relief systems. The specific measures shall be formulated by the public security department of the State Council jointly with the relevant competent departments. (Article 31)

1 1. the State Council Public Security Department

, financial management departments, telecommunications authorities and national network information departments should be responsible for the overall construction of counter-measures in this industry, promote the sharing of sample information and data related to telecommunication network fraud, strengthen cross-verification of fraudulent user information, and establish a mechanism for monitoring, identifying, dynamically blocking and disposing of fraudulent abnormal information and activities. (Article 32)

12. The public security organ shall, in conjunction with

Departments such as finance, telecommunications, and online information shall organize banking financial institutions, non-bank payment institutions, telecom operators, and Internet service providers to establish early warning and dissuasion systems, and take corresponding dissuasion measures in a timely manner for potential victims found in early warning. For telecommunication network fraud cases, it is necessary to strengthen the recovery of losses, improve the fund disposal system involved, and return the legitimate property of the victims in time. If the victims who have suffered great difficulties in life meet the relevant national conditions for assistance, the relevant parties shall give assistance in accordance with the regulations. (Article 34)

With the decision or approval of the State Council anti-telecommunication network fraud agency,

public safety

, finance, telecommunications and other departments can take necessary temporary risk prevention measures in specific areas where telecommunication network fraud is serious in accordance with relevant state regulations. (Article 35)

14. The entry-exit administration can decide not to leave the country for those who go to areas with serious telecommunication network fraud activities and are suspected of major telecommunication network fraud activities. For those who have received criminal punishment for engaging in telecommunication network fraud activities, the public security organs at or above the municipal level may, according to the crime situation and the need to prevent recidivism, decide not to leave the country within six months to three years from the date when the punishment is completed, and notify the entry-exit management agencies to implement it.

(Article 36)

15. the State Council Public Security Department

Strengthen international law enforcement and judicial cooperation with foreign affairs departments, establish effective cooperation mechanisms with relevant countries, regions and international organizations, enhance the level of cooperation in information exchange, investigation and evidence collection, investigation and arrest, and recovery of losses through international police cooperation, and effectively combat and curb cross-border telecommunication network fraud activities. (Article 37)

Chapter VI Legal Liability

16

.

Organizing, planning, implementing or participating in telecommunication network fraud activities.

Or provide assistance for telecommunication network fraud, which constitutes a crime, shall be investigated for criminal responsibility according to law.

.

The acts mentioned in the preceding paragraph are still

Does not constitute a crime

Was detained by the public security organs for more than ten days.

Detention for less than fifteen days

; Confiscate the illegal income and impose a fine of not less than one time but not more than ten times the illegal income. If there is no illegal income or it is less than 1 10,000 yuan,

Be fined100000 yuan.

. (Article 38)

In violation of the provisions of Article 14 and Paragraph 1 of Article 25 of this Law,

If the illegal income is confiscated, the public security organ or the relevant competent department shall impose a fine of 1 times or more and 10 times or less; If there is no illegal income or the illegal income is less than 50,000 yuan, a fine of less than 500,000 yuan shall be imposed; If the circumstances are serious, the public security organ shall impose a detention of not more than fifteen days.

(Article 42)

Article 14 Paragraph 1 No unit or individual may illegally manufacture, trade, provide or use the following equipment and software:

(1) Phone cards are inserted into equipment in batches;

(2) Equipment and software with functions such as changing calling number, virtual dialing, and illegal access of Internet telephone to public telecommunication network.

(3) Automatic switching system for batch accounts and network addresses, which receives and provides a platform for SMS verification and voice verification in batch;

(4) Other equipment and software used to commit telecommunication network fraud and other illegal crimes.

Article 25 Paragraph 1 No unit or individual may provide the following support or assistance for others to commit telecommunication network fraud:

(1) Selling or providing personal information;

(2) Helping others to launder money through virtual currency transactions;

(3) Other acts of providing support or assistance for telecommunication network fraud activities.

In violation of the provisions of the first paragraph of Article 31 of this Law,

If the illegal income is confiscated, the public security organ shall impose a fine of not less than one time but not more than ten times the illegal income; There is no illegal income or the illegal income is less than 20 thousand yuan, and a fine of 200 thousand yuan is imposed; If the circumstances are serious, they shall be detained for not more than fifteen days.

. (Article 44)

Article 31 Paragraph 1 No unit or individual may illegally buy, sell, lease or lend telephone cards, Internet of Things cards, telecommunication lines, short message ports, bank accounts, payment accounts, internet accounts, etc. , and shall not provide real-name verification assistance; Do not open the above-mentioned cards, accounts, account numbers, etc. By impersonating another person's identity or fictional agency relationship.