Original link: https://www.williamlong.info/archives/6912.html
The 36th meeting of the 13th National People’s Congress Standing Committee voted on September 2 to pass the “Anti-Telecommunications and Network Fraud Law of the People’s Republic of China”. Experts generally believe that the Anti-Telecom Network Fraud Law adheres to the people-centered, coordinated development and security, prevents and manages telecommunication network fraud based on each link and the whole chain, and exerts precise efforts to provide strong legal support for the anti-telecom network fraud work.
The Anti-Telecommunications Network Fraud Law consists of seven chapters and 50 articles, including general provisions, telecommunications governance, financial governance, Internet governance, comprehensive measures, legal responsibilities, and supplementary provisions. The law will take effect on December 1, 2022.
The following is the full text of the Anti-Telecommunications Network Fraud Law of the People’s Republic of China:
Chapter 1 General Provisions
Chapter 2 Telecommunication Governance
Chapter 3 Financial Governance
Chapter 4 Internet Governance
Chapter V Comprehensive Measures
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter 1 General Provisions
Article 1 This Law is formulated in accordance with the Constitution for the purpose of preventing, curbing and punishing telecommunication network fraud activities, strengthening the anti-telecommunication network fraud work, protecting the legitimate rights and interests of citizens and organizations, and maintaining social stability and national security.
Article 2 The term “telecommunication network fraud” as mentioned in this Law refers to the act of defrauding public and private property by means of telecommunication network technology and remote, non-contact and other means for the purpose of illegal possession.
Article 3 This Law shall apply to combating and controlling telecommunication network fraud activities carried out within the territory of the People’s Republic of China or telecommunications network fraud activities carried out by citizens of the People’s Republic of China outside the country.
Overseas organizations or individuals that conduct telecommunication network fraud activities within the territory of the People’s Republic of China, or provide products or services for others to conduct telecommunications network fraud activities within the territory of the People’s Republic of China, shall be dealt with and held accountable in accordance with the relevant provisions of this Law.
Article 4 The anti-telecommunications network fraud work adheres to people-centered, overall development and security; adheres to the system concept, the rule of law thinking, pays attention to source governance, and comprehensive governance; Measures to strengthen social publicity, education and prevention; adhere to precise prevention and control to ensure normal production and business activities and the convenience of people’s lives.
Article 5 Anti-telecommunication network fraud work shall be carried out in accordance with the law to safeguard the legitimate rights and interests of citizens and organizations.
Relevant departments, units, and individuals shall keep confidential the state secrets, business secrets, personal privacy and personal information learned in the process of anti-telecommunication network fraud work.
Article 6 The State Council shall establish an anti-telecommunication network fraud work mechanism to coordinate and coordinate the crackdown and governance work.
Local people’s governments at all levels shall organize and lead the anti-telecommunication network fraud work within their respective administrative regions, determine the targets, tasks and working mechanisms of anti-telecommunication network fraud, and carry out comprehensive management.
The public security organs take the lead in the anti-telecommunication network fraud work, and the relevant departments of finance, telecommunications, network information, market supervision and other relevant departments perform the main responsibilities of supervision in accordance with their duties, and are responsible for the anti-telecom network fraud work in their respective industries.
The people’s courts and people’s procuratorates play the role of adjudication and procuratorial functions to prevent and punish telecommunications and network fraud in accordance with the law.
Telecommunications business operators, banking financial institutions, non-bank payment institutions, and Internet service providers shall assume the responsibility for risk prevention and control, establish an internal control mechanism for anti-telecommunication network fraud and a security responsibility system, and strengthen the security assessment of new business fraud risks.
Article 7 Relevant departments and units shall cooperate closely in the anti-telecommunication network fraud work, realize cross-industry and cross-regional coordination, rapid linkage, strengthen the building of professional teams, and effectively combat and control telecommunication network fraud activities.
Article 8 People’s governments at all levels and relevant departments shall strengthen anti-telecommunication network fraud propaganda, popularize relevant laws and knowledge, and improve the public’s anti-scam awareness and ability to recognize various types of telecommunication network fraud.
Educational administration, market supervision, civil affairs and other relevant departments, villagers’ committees, and residents’ committees shall, in light of the characteristics of the distribution of victims of telecommunication network fraud, strengthen publicity and education for the elderly, young people and other groups, and strengthen the anti-telecommunications network fraud publicity and education to target To ensure the integrity and accuracy, carry out anti-telecommunication network fraud publicity and education activities in schools, enterprises, communities, rural areas, and families.
All units shall strengthen their internal telecommunications network fraud prevention work, and conduct education on telecommunications network fraud prevention for staff; individuals shall strengthen their awareness of telecommunications network fraud prevention. Units and individuals shall assist and cooperate with relevant departments in carrying out anti-telecommunication network fraud work in accordance with the provisions of this Law.
Chapter 2 Telecommunication Governance
Article 9 Telecommunications business operators shall fully implement the registration system for the real identity information of telephone users in accordance with the law.
Basic telecommunications enterprises and mobile communication resale enterprises shall assume the responsibility for the management of agents to implement the real-name system for telephone users, and specify in the agreement the responsibilities of agents’ real-name registration system and relevant measures to deal with breach of contract.
Article 10 The number of telephone cards handled shall not exceed the number limited by relevant state regulations.
If it is identified that there is an abnormal card application situation, the telecommunications business operator has the right to strengthen the verification or refuse to apply for the card. The specific identification method shall be formulated by the competent telecommunications department of the State Council.
The competent department of telecommunications under the State Council shall organize the establishment of a verification mechanism for the number of telephone cards issued by telephone users and a risk information sharing mechanism, and provide convenient channels for users to inquire about telephone card information under their names.
Article 11 Telecommunications business operators shall conduct real-name verification of abnormal fraud-related phone card users identified by monitoring, and take differentiated and corresponding verification measures according to the risk level. For those who fail to comply with regulations or fail to pass the verification, telecommunications business operators may restrict or suspend the functions of relevant calling cards.
Article 12 Telecommunications business operators establish a risk assessment system for IoT card users. If the assessment fails, they shall not sell IoT cards to them; strictly register the identity information of IoT card users; Use scenarios and applicable equipment.
If a unit user purchases an IoT card from a telecommunications business operator and then sells the device containing the IoT card to other users, it shall verify and register the user identity information, and transmit the sales volume, stock and user real-name information to the telecommunications business to which the number belongs. Operators.
Telecom business operators shall establish a monitoring and early warning mechanism for the use of IoT cards. If there is an abnormal usage situation, suspend the service, re-verify the identity and usage scenarios, or take other measures agreed in the contract.
Article 13 Telecommunications business operators shall regulate the transmission of real calling numbers and the leasing of telecommunications lines, and block, intercept, and trace the origin of calls that have been changed.
Telecommunications business operators shall strictly regulate the transmission of calling numbers at the entrance and exit bureaus of international communication services, truthfully and accurately remind users of the country or region of the calling number, and identify and intercept false and irregular callers within and between networks.
Article 14 No unit or individual may illegally manufacture, trade, provide or use the following equipment and software:
(1) Inserting telephone cards into equipment in batches;
(2) Equipment and software with functions such as changing the calling number, virtual dialing, and illegal access to public telecommunication networks by Internet calls;
(3) Batch account, network address automatic switching system, batch receiving platform that provides SMS verification and voice verification;
(4) Other equipment and software used to commit telecommunication network fraud and other illegal crimes.
Telecommunications business operators and Internet service providers shall take technical measures to identify and block the illegal equipment and software specified in the preceding paragraph from accessing the network in a timely manner, and report to the public security organs and relevant industry authorities.
Chapter 3 Financial Governance
Article 15 Banking financial institutions and non-bank payment institutions shall establish a customer due diligence system when they open bank accounts, payment accounts and provide payment and settlement services for customers, and during the existence of business relationships with customers, identify beneficial owners according to law, and take Corresponding risk management measures shall be taken to prevent bank accounts and payment accounts from being used for telecommunication and network fraud activities.
Article 16 The opening of bank accounts and payment accounts shall not exceed the number limited by relevant state regulations.
Banking financial institutions and non-bank payment institutions have the right to strengthen verification or refuse to open an account if it is identified that there is an abnormal account opening situation.
The People’s Bank of China and the Banking Regulatory Authority of the State Council shall organize relevant clearing institutions to establish a cross-institutional account opening verification mechanism and a risk information sharing mechanism, and provide customers with convenient channels for inquiring bank accounts and payment accounts under their names. Banking financial institutions and non-bank payment institutions shall provide account opening information and relevant risk information in accordance with relevant state regulations. The relevant information shall not be used for purposes other than anti-telecommunication network fraud.
Article 17 Banking financial institutions and non-bank payment institutions shall establish a risk prevention and control mechanism for abnormal situations in opening corporate accounts. Relevant departments of finance, telecommunications, market supervision, taxation and other relevant departments shall establish a system for sharing and querying information related to opening corporate accounts, and provide online verification services.
The market entity registration authority shall perform the duty of verification of identity information for the real-name registration of enterprises in accordance with the law; supervise and inspect the registration items in accordance with the regulations, and focus on supervising and inspecting enterprises that may have false registrations or fraud-related abnormalities. Share information in a timely manner; facilitate banking financial institutions and non-bank payment institutions to conduct customer due diligence and legally identify beneficial owners.
Article 18 Banking financial institutions and non-bank payment institutions shall strengthen monitoring of bank accounts, payment accounts, and payment and settlement services, and establish and improve monitoring mechanisms for abnormal accounts and suspicious transactions that conform to the characteristics of telecommunication network fraudulent activities.
The People’s Bank of China shall coordinate the establishment of a unified anti-money laundering monitoring system across banking financial institutions and non-bank payment institutions, and work with the State Council public security department to improve the anti-money laundering suspicious transaction reporting system that is compatible with the characteristics of telecommunication and network fraud crimes.
For abnormal accounts and suspicious transactions identified by monitoring, banking financial institutions and non-bank payment institutions shall, according to the risk situation, take necessary preventive measures such as verifying transaction status, re-verifying identity, delaying payment and settlement, restricting or suspending relevant business.
When banking financial institutions and non-bank payment institutions conduct monitoring of abnormal accounts and suspicious transactions in accordance with the provisions of paragraph 1, they may collect necessary transaction information and equipment location information such as abnormal customers’ Internet protocol addresses, network card addresses, and payment acceptance terminal information. The above information shall not be used for purposes other than anti-telecommunication network fraud without the authorization of the customer.
Article 19 Banking financial institutions and non-bank payment institutions shall, in accordance with relevant state regulations, completely and accurately transmit the names of merchants directly providing goods or services, names and account numbers of receiving and paying customers, and other transaction information to ensure the authenticity, completeness and integrity of transaction information. Consistency throughout the payment process.
Article 20 The public security department of the State Council shall, in conjunction with relevant departments, establish and improve the system of instant inquiry, emergency stop payment, quick freezing, timely thawing and return of funds involved in telecommunication network fraud cases, and clarify relevant conditions, procedures and relief measures.
Where the public security organ decides to take the above-mentioned measures in accordance with the law, banking financial institutions and non-bank payment institutions shall cooperate.
Chapter 4 Internet Governance
Article 21 Telecommunications business operators and Internet service providers provide users with the following services. When signing agreements with users or confirming the provision of services, they shall require users to provide real identity information in accordance with the law. If users do not provide real identity information, they shall not provide Serve:
(1) Provide Internet access services;
(2) Provide network address translation services such as network proxy;
(3) To provide Internet domain name registration, server hosting, space rental, cloud services, and content distribution services;
(4) Providing information and software publishing services, or providing instant messaging, online transactions, online games, online live broadcast publishing, and advertising promotion services.
Article 22 The Internet service provider shall re-verify the abnormal fraud-related accounts identified by monitoring, and take measures such as restricting functions and suspending services in accordance with relevant state regulations.
Internet service providers shall, in accordance with the requirements of public security organs and competent telecommunications departments, verify the relevant Internet accounts registered in connection with the phone cards involved in the case and the abnormal phone cards involved in fraud, and take measures to correct within a time limit, restrict functions, suspend use, close accounts, and prohibit Disposal measures such as re-registration.
Article 23 The establishment of mobile Internet applications shall go through licensing or filing formalities with the competent telecommunications department in accordance with relevant state regulations.
Those who provide packaging and distribution services for applications shall register and verify the real identity information of the developers and operators of the applications, and verify the functions and purposes of the applications.
Public security, telecommunications, network information and other departments, as well as telecommunications business operators and Internet service providers, shall strengthen the monitoring and timely disposal of fraudulent applications downloaded and disseminated through channels other than distribution platforms.
Article 24 Those who provide domain name resolution, domain name redirection, and URL link conversion services shall, in accordance with relevant state regulations, verify the authenticity and accuracy of domain name registration, resolution information and Internet protocol addresses, regulate domain name redirection, record and retain The log information of the corresponding service provided supports the traceability of parsing, jumping, and conversion records.
Article 25 No unit or individual may provide the following support or assistance for others to commit telecommunication network fraud activities:
(1) Selling and providing personal information;
(2) Helping others to launder money through virtual currency transactions;
(3) Other acts of providing support or assistance to telecommunication network fraud activities.
Telecommunications business operators and Internet service providers shall, in accordance with relevant state regulations, perform their duty of reasonable care, and monitor, identify and dispose of the use of the following businesses to engage in fraud-related support and assistance activities:
(1) Provide Internet access, server hosting, network storage, communication transmission, line rental, domain name resolution and other network resource services;
(2) Providing online promotion services such as information release or search, advertising promotion, and drainage promotion;
(3) Providing production and maintenance services for application programs, websites and other network technologies and products;
(4) Provide payment and settlement services.
Article 26 When public security organs obtain evidence in accordance with the law in handling telecommunication network fraud cases, Internet service providers shall provide technical support and assistance in a timely manner.
When Internet service providers monitor relevant fraud-related information and activities in accordance with the provisions of this Law, if they find clues and risk information related to fraud-related crimes, they shall, in accordance with relevant state regulations, transfer them to public security, financial, telecommunications, and public security agencies based on the type and degree of fraud-related risks. , Internet and other departments. Relevant departments should establish and improve the feedback mechanism, and inform the transferring unit of the relevant situation in a timely manner.
Chapter V Comprehensive Measures
Article 27 The public security organs shall establish and improve the working mechanism for cracking down on telecommunications network fraud, strengthen the construction of specialized teams and professional technologies, and cooperate closely with each police type and local public security organs to effectively punish telecommunications network fraud activities in accordance with the law.
When public security organs receive a report of telecommunication network fraud or discover telecommunication network fraud, they shall file a case for investigation in accordance with the provisions of the Criminal Procedure Law of the People’s Republic of China.
Article 28 The departments of finance, telecommunications, and network information shall, in accordance with their duties, supervise and inspect the implementation of the provisions of this Law by banking financial institutions, non-bank payment institutions, telecommunications business operators, and Internet service providers. Relevant supervision and inspection activities shall be carried out in accordance with the law.
Article 29 Personal information processors shall, in accordance with the “Personal Information Protection Law of the People’s Republic of China” and other legal provisions, regulate the processing of personal information, strengthen the protection of personal information, and establish a mechanism for preventing personal information from being used for telecommunication network fraud.
Departments and units that perform personal information protection duties shall implement key protections for logistics information, transaction information, loan information, medical information, and matchmaking information that may be used by telecommunication network fraud. When handling telecommunications network fraud cases, public security organs shall also verify the source of personal information used in the crime, and hold relevant persons and units accountable in accordance with the law.
Article 30 Telecommunications business operators, banking financial institutions, non-bank payment institutions, and Internet service providers shall carry out anti-telecommunications network fraud publicity to employees and users, and make reminders on the prevention of telecommunications network fraud in relevant business activities. The newly emerging telecommunication network fraud methods in the field remind users in a timely manner, and warn the legal liability of illegal trading, leasing, and lending of my relevant cards, accounts, and account numbers that are used for telecommunication network fraud.
Units such as news, radio, television, culture, and Internet information services shall conduct targeted publicity and education on anti-telecom and network fraud.
Any unit or individual has the right to report telecommunications network fraud, and relevant departments shall deal with it in a timely manner in accordance with the law, and reward and protect whistleblowers who provide effective information in accordance with regulations.
Article 31 No unit or individual shall illegally buy, sell, rent or lend telephone cards, IoT cards, telecommunication lines, SMS ports, bank accounts, payment accounts, Internet accounts, etc., and shall not provide real-name verification assistance; Agency relationship to open the above-mentioned cards, accounts, account numbers, etc.
Units, individuals and relevant organizers who have been identified by the public security organs at or above the city level with districts and who have committed the acts in the preceding paragraph, as well as those who have been criminally punished for engaging in telecommunication network fraud or related crimes, may be recorded in their credit records in accordance with relevant state regulations. , and take measures such as restricting its functions such as cards, accounts, and account numbers, suspending non-counter businesses, suspending new businesses, and restricting access to the Internet. Anyone who has any objection to the above determination and measures may file an appeal, and relevant departments should establish and improve appeal channels, credit restoration and relief systems. The specific measures shall be formulated by the public security department of the State Council in conjunction with the relevant competent departments.
Article 32 The state supports telecommunications business operators, banking financial institutions, non-bank payment institutions, and Internet service providers to research and develop relevant telecommunications network fraud countermeasure technologies for monitoring, identifying, dynamically blocking and handling fraud-related abnormal information ,Activity.
The State Council’s public security department, financial management department, telecommunications authority, and national network information department shall take overall responsibility for the construction of countermeasures in their respective industries, promote the sharing of sample information and data related to telecommunications network fraud, strengthen cross-checking of fraud-related user information, and establish relevant information related to Internet fraud. Abnormal fraud information, monitoring and identification of activities, dynamic blocking and disposal mechanisms.
In accordance with the provisions of Articles 11, 12, 18, 22 and the preceding paragraphs of this Law, if measures such as restriction and suspension of services are taken for abnormal situations involving fraud, the reason for the disposal and the channels for relief shall be informed. and the materials to be submitted and other matters, the disposal object may appeal to the department or unit that made the decision or took measures. The department or unit that made the decision shall establish and improve the appeal channels, accept and verify the appeal in a timely manner, and if the verification is passed, the relevant measures shall be lifted immediately.
Article 33 The state promotes the construction of public services for online identity authentication, supports the voluntary use of individuals and enterprises, telecommunications business operators, banking financial institutions, non-bank payment institutions, and Internet service providers are responsible for fraudulent phone cards and bank accounts. , payment accounts, Internet accounts, and the user’s identity can be re-verified through the national network identity authentication public service.
Article 34 The public security organs shall, in conjunction with the financial, telecommunications, and network information departments, organize banking financial institutions, non-bank payment institutions, telecommunications business operators, Internet service providers, etc. to establish an early warning and dissuasion system. Take appropriate dissuasive measures in a timely manner. In cases of telecommunications network fraud, the recovery of stolen goods should be strengthened, the system for disposing of funds involved in the case should be improved, and the legal property of the victim should be returned in a timely manner. For victims who have suffered major life difficulties, if they meet the relevant state assistance conditions, the relevant parties will provide assistance in accordance with regulations.
Article 35 Upon the decision or approval of the State Council’s anti-telecommunication network fraud work mechanism, the public security, finance, telecommunications and other departments may take necessary temporary risk prevention measures in accordance with relevant state regulations in specific areas with serious telecommunication network fraud activities.
Article 36 For those who go to areas with serious telecommunication network fraud activities, if their exit activities are suspected of major telecommunication network fraud activities, the immigration management agency may decide not to allow them to leave the country.
For persons who have been criminally punished for engaging in telecommunications and network fraud, the public security organs at or above the level of a city divided into districts may, based on the circumstances of the crime and the need to prevent re-offending, decide not to allow them to leave the country within six months to three years from the date of completion of the punishment. And notify the immigration management agency for implementation.
Article 37 The public security department of the State Council, together with the foreign affairs department, strengthens international law enforcement and judicial cooperation, establishes effective cooperation mechanisms with relevant countries, regions, and international organizations, and promotes information exchange, investigation and evidence collection, investigation and arrest through international police cooperation and other means. The level of cooperation in arresting, recovering stolen goods and restoring losses, etc., effectively combats and curbs cross-border telecommunication network fraud activities.
Chapter VI Legal Liability
Article 38 If a crime is constituted by organizing, planning, implementing, or participating in telecommunication network fraud activities, or providing assistance to telecommunications network fraud activities, criminal responsibility shall be investigated according to law.
If the act in the preceding paragraph does not constitute a crime, the public security organ shall impose a detention of not less than 10 days but not more than 15 days; the illegal income shall be confiscated, and a fine of not less than one time but not more than ten times the illegal income shall be imposed. A fine of not more than 100,000 yuan.
Article 39 If a telecommunications business operator violates the provisions of this Law and falls under any of the following circumstances, the relevant competent department shall order it to make corrections; if the circumstances are relatively minor, it shall be given a warning, circulated criticism, or be fined between RMB 50,000 and RMB 500,000 Fine; if the circumstances are serious, a fine of not less than 500,000 yuan but not more than 5,000,000 yuan shall be imposed, and the relevant competent department may order to suspend the relevant business, suspend business for rectification, revoke the relevant business license or revoke the business license, and the person in charge directly responsible for it may be ordered and other directly responsible persons shall be fined not less than 10,000 yuan but not more than 200,000 yuan:
(1) Failing to implement the internal control mechanism for anti-telecommunication network fraud determined by the relevant regulations of the state;
(2) Failure to perform the real-name registration responsibilities for telephone cards and IoT cards;
(3) Failure to perform the monitoring and identification, monitoring and early warning and related disposal duties of telephone cards and IoT cards;
(4) Failing to conduct risk assessment on IoT card users, or failing to limit the activation functions, usage scenarios and applicable equipment of IoT cards;
(5) Failing to take measures to monitor and dispose of phone numbers changed, false callers, or illegal devices with corresponding functions.
Article 40 Banking financial institutions and non-bank payment institutions that violate the provisions of this Law and have any of the following circumstances shall be ordered to make corrections by the relevant competent departments. A fine of not more than 100,000 yuan; if the circumstances are serious, a fine of not less than 500,000 yuan but not more than 5,000,000 yuan shall be imposed, and the relevant competent department may order to stop new business, reduce business type or business scope, suspend relevant business, suspend business for rectification, or revoke If the relevant business license or business license is revoked, the person in charge and other persons directly responsible for it shall be fined not less than 10,000 yuan but not more than 200,000 yuan:
(1) Failing to implement the internal control mechanism for anti-telecommunication network fraud determined by the relevant regulations of the state;
(2) Failure to perform due diligence obligations and relevant risk management measures;
(3) Failure to perform risk monitoring and relevant disposal obligations for abnormal accounts and suspicious transactions;
(4) Failing to transmit relevant transaction information in a complete and accurate manner in accordance with regulations.
Article 41 If a telecommunications business operator or Internet service provider violates the provisions of this Law and falls under any of the following circumstances, the relevant competent department shall order it to make corrections; if the circumstances are relatively minor, it shall be given a warning, circulated criticism, or imposed a fine of more than 50,000 yuan A fine of not more than 500,000 yuan; if the circumstances are serious, a fine of not less than 500,000 yuan but not more than 5,000,000 yuan may be imposed, and the relevant competent department may order the relevant authorities to suspend relevant businesses, suspend business for rectification, close websites or applications, revoke relevant business licenses or The business license shall be revoked, and the person in charge directly responsible and other persons directly responsible shall be fined not less than 10,000 yuan but not more than 200,000 yuan:
(1) Failing to implement the internal control mechanism for anti-telecommunication network fraud determined by the relevant regulations of the state;
(2) Failing to perform the duties of the real-name system for network services, or failing to verify the registered Internet account associated with the phone card involved in the case or fraud;
(3) Failure to verify the authenticity and accuracy of domain name registration, resolution information and Internet protocol addresses, regulate domain name redirection, or record and retain log information of the corresponding services provided in accordance with relevant state regulations;
(4) Failing to register and verify the real identity information of the developers and operators of mobile Internet applications or to provide application packaging and distribution services for them without verifying the functions and uses of the applications;
(5) Failure to perform the obligation of monitoring, identifying and disposing of fraudulent Internet accounts and applications, as well as other telecommunication network fraudulent information and activities;
(6) Refusing to provide technical support and assistance for the investigation and handling of telecommunication network fraud crimes in accordance with the law, or failing to transfer relevant illegal and criminal clues and risk information as required.
Article 42 For those who violate the provisions of Article 14 and Paragraph 1 of Article 25 of this Law, the illegal income shall be confiscated, and the public security organ or the relevant competent department shall impose a fine of not less than one time but not more than ten times the illegal income. If the illegal income is less than 50,000 yuan, a fine of not more than 500,000 yuan shall be imposed; if the circumstances are serious, the public security organ shall concurrently be detained for not more than 15 days.
Article 43 Violation of the second paragraph of Article 25 of this Law shall be ordered by the relevant competent department to make corrections. If the circumstances are relatively minor, a warning shall be given, a circular of criticism shall be given, or a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed; In serious cases, a fine of not less than 500,000 yuan but not more than 5,000,000 yuan may be imposed, and the relevant competent department may order to suspend the relevant business, suspend business for rectification, or close the website or application program, and the person in charge directly responsible and other directly responsible personnel shall be punished. A fine of not less than 10,000 yuan but not more than 200,000 yuan.
Article 44 Anyone who violates the provisions of Paragraph 1 of Article 31 of this Law shall have their illegal income confiscated, and the public security organ shall impose a fine of not less than one time but not more than ten times the amount of the illegal income. A fine of not more than 200,000 yuan shall be imposed; if the circumstances are serious, a detention of not more than 15 days shall be imposed.
Article 45 If staff members of relevant departments or units in the anti-telecommunication network fraud work abuse their powers, neglect their duties, practice favoritism, or commit other acts in violation of the provisions of this Law, which constitute a crime, they shall be investigated for criminal responsibility according to law.
Article 46 A criminal who organizes, plans, implements, or participates in telecommunications network fraud activities or provides relevant assistance for telecommunications network fraud activities, in addition to bearing criminal responsibility and administrative responsibility in accordance with the law, causing damage to others shall be governed by the “People’s Republic of China”. Civil liability shall be borne by the provisions of the Civil Code and other laws.
If telecommunications business operators, banking financial institutions, non-bank payment institutions, Internet service providers, etc. violate the provisions of this Law and cause damage to others, they shall bear civil liability in accordance with the “Civil Code of the People’s Republic of China” and other laws.
Article 47: In performing the duties of anti-telecommunication network fraud, the people’s procuratorate may file a public interest lawsuit in the people’s court in accordance with the law for acts that infringe upon national interests and social public interests.
Article 48 Relevant units and individuals who are dissatisfied with the decisions on administrative penalties and administrative compulsory measures made in accordance with this Law may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
Chapter VII Supplementary Provisions
Article 49: For the relevant management and responsibility systems involved in the work of anti-telecommunication network fraud, if there is no provision in this law, the “Internet Security Law of the People’s Republic of China”, the “Personal Information Protection Law of the People’s Republic of China”, and the “Anti-money Laundering of the People’s Republic of China” shall apply. Law and other relevant laws.
Article 50 This Law shall come into force on December 1, 2022.
This article is reprinted from: https://www.williamlong.info/archives/6912.html
This site is for inclusion only, and the copyright belongs to the original author.