Telecom Network Fraud is a telephone、SMS and Internet such as modern communication、Network technology products are the collective referred to as fraud activities implemented by the main media，Generally belongs to the regulatory category of fraud crimes stipulated in Article bet365 best casino games 266 of the Criminal Law，But the crime method and the crime process may also violate the extortion、Anti -personal information of citizens、illegal use of information networks and other crimes。my country ’s telecommunications network fraud cases began in Taiwan at the end of the 20th century，The beginning of this century has spread rapidly to the whole country。Scam means also from the simpler SMS fraud from the early stage、Telephone fraud，Development into a routine constant renovation、Quickly upgrade technology、Comprehensive samples that are increasingly improved and the old and new means coexist。The party and the government attach great importance to the governance of telecommunications network fraud，Especially since the "Xu Yuyu" case,，Public security organs and other departments have adopted a series of high -targeted measures，and take a high -pressure strategy，achieved significant results。According to media reports，Only January to July this year，The national public security organs cracked 185,000 cases of telecommunications network fraud cases，247,000 suspects captured the suspect。

But，The crackdown on telecommunications network fraud crimes did not fundamentally reverse the passive situation，Its volume of the case is still running high。The Supreme People's Court disclosed at a press conference held on June 22 this year，In some large and medium cities，The number of cases of such cases accounts for 50%of criminal cases，And the major cases are frequent，The property loss involved in the case is only 35.37 billion yuan in 2020。Visible，Simultaneous iteration of criminal technology and modern science and technology，Telecom Network fraud crimes itself and their associations are continuously industrialized upgrade，We still need to face the severe situation of telecommunications network fraud for a long time in the future。General Secretary Xi Jinping has pointed out at the National Network Security and Informatization Working Conference on April 20, 2018，Strictly crack down on online hackers、Telecom Network Fraud、Activity violations of bet365 live casino games citizens' personal privacy and other illegal crimes。In this background，Previous temporary nature、Earthly governance measures need to be precipitated，The governance of telecommunications network fraud crimes requires normalization、Long -term and standardized，and always run in the track of the rule of law。

　　bet365 Play online games

The original meaning of synergy governance，In addition to the diversification of the subject，It also includes multi -subjects through standardized cooperation，Forms interdependence、Common action、The situation of sharing risk，to generate reasonable、Order governance structure。The current collaborative governance structure obviously highlights the common action under the leadership of the public security organs，But the risk and responsibility of other governance subjects，Not deeply involved in depth。From the perspective of the type and development process of many telecommunications network fraud crimes，If the communication involved (including virtual operator、IoT card supplier)、Internet and finance (including third parties、Fourth -party Payment) The competent authorities in industries can actively implement regulatory duties，Enterprises that have been "borrowed" by the crime can actively strengthen information、Supervision of funds，Create the active discovery、Algorithm model of identifying crimes and actively support the survey of law enforcement agencies、Investigation activities，At present, the front -line anti -fraud department of the public security organs will be able to change significantly。For this，It must be greatly improved by legislation to greatly improve the subject of supervision responsibility and related industries、The cost of inaction or chaos of the enterprise。

First，Bank cards often used in telecommunications network fraud、Phone card、Account control, etc.，Provisions for the service type with real -name real names，Legislation should clarify the responsibility of service providers to ensure real names and legal use of services。Once a crime is used，Service providers who have not strictly implemented the stipulated business process review responsibilities，It should be preserved to make a fault，Compensation liability for criminal losses。2，Compressed related industries through legislation、The company's transaction income involved in the case。Crimes use the service of related industries and enterprises to implement crimes，Often pay a certain service fee，Early scammers use group sending text bet365 Play online games messages to implement fraud，Some telecommunications operators are negligent in interception，It has nothing to do with economic income。With the development of network technology and network applications，Various new network services are also continuously purchased for crimes for crimes。Suspects of arresting telecommunications network fraud criminals，While recovering the income of crime，It is necessary to collect the service expenses involved in the case charged by the relevant service provider。third，Actively promote the legislation of cyber crime prevention，Additional illegal criminal prevention obligations to related service providers。Telecom online fraud crimes are preventable crimes，Operators and service providers enjoys an advantageous position in the information and data processing involved，profitability will generate profit during data processing，Handling data technology and management convenience，It should assume the corresponding obligation to prevent and control the corresponding front -end illegal crime，Control the breeding and development of illegal crimes from the source。Fourth, the responsibility of the relevant regulatory subject through legislative compactness，For the regulatory industry、Enterprise becomes a crime "borrowing" the severe disaster area，Penalties should be imposed on the subject of supervision，Make it bear the corresponding administrative responsibility。

　　Carry out cross -border investigation work in accordance with the law

my country's telecommunications network fraud crimes have cross -border features in the early days。In recent years，With the strengthening of national blows，Some crimes have also been transferred overseas。Reported to point out，At present, there have been more than 60 % of the overseas dens。The difficulty of hitting the criminal transfer to the overseas transfer，The Supreme People's Court this year、Supreme People's Procuratorate、The "Opinions on Several Issues of Applicable Laws for Criminal Cases of Telecom Network Fraud (2)" jointly released by the Ministry of Public Security (2) "Article 3 specifically stipulates that" there is evidence to confirm that people participate in overseas fraud criminal groups or criminal gangs，Acts for the implementation of telecommunications network fraud crimes against domestic residents abroad，Fraud amount is difficult to verify，But the cumulative time to go abroad to go abroad for overseas fraud, more than 30 days or out of the country to go to overseas fraud,，It should be identified as the ‘other severe plot’ specified in Article bet365 best casino games 266 of the Criminal Law，Criminal responsibility for fraud。Except evidence to prove that its outbound is engaged in legitimate activities。"" "In fact, it solves the physical problem of the difficulty of implementing crimes in the country by reducing the difficulty of the prosecution's certification。

Since the epidemic in the new crown pneumonia，Law enforcement officers are limited to exit，Cross -border investigation work on related cases is difficult。So，While actively promoting the signing of the domestic and overseas investigation cooperation agreement and the construction of the cooperation mechanism，Part of the work of cross -border telecommunications network fraud crimes should be placed in the country，problems existing in cross -border investigation practice，Summarize some of the effective methods of refining the practice department，and legislation、Guidelines for handling cases or other forms fix it。

First，Seeking measures to urge the criminals of their country to go back to China to surrender illegal criminals in accordance with the law，Should sort out the current investigation practice，For the laws stipulated in my country's laws，promotion and application; for for not compliance with the law,，should be resolutely corrected，Avoid going into the misunderstanding of "unscrupulous means"。For example，Announcement on the registration of the registered person who canceled the lost contact person (suspected to be over the China -Myanmar border illegal criminals)，Requires the person who is required to be directly or entrusted to the family members and the village (neighborhood) committee or household registration station where the family members are located before the designated date，And returned to China after reporting to surrender，Otherwise, it will be requested to declare disappearance、Death until cancellation of household registration，and the village (neighborhood) committee will also use the report to invite the people and social departments to suspend their direct relatives、Medical Insurance Treatment、Further measures such as the qualifications for the distribution of collective economic revenue of its direct relatives。It is reported，These measures have a strong deterrent effect on the people from the country。Announced disappearance、Death and cancellation of household registration have its legal conditions，It is not inappropriate to take corresponding measures to the loss -connected persons who meet the legal conditions，But the "sitting" by the direct -based Bet365 lotto review relatives is obviously difficult to find a suitable legal basis。The more suitable approach is，Within the amplitude allowed by domestic legislation，Place of outflows on the outflow of outbound crimes carried out special governance including persuasion return，Technical intervention measures for fraud information channels and capital channels，At the same time, strengthen general deficit propaganda for society and precise anti -fraud propaganda against people with vulnerable people。

Second，Legal legislative should provide a basis for remote evidence collection on cross -border online。Legislation should be promoted to open up bilateral or multilateral convenient criminal judicial assistance channels，Allows law enforcement agencies to prudently implement online on -site exploration for overseas targets when they meet certain conditions、Search and other behaviors。For a country that adopts "long arm jurisdiction"，You can also consider taking peer measures to implement countermeasures，Objectively, it also obtains the right to cross -border remote evidence for the country for the law enforcement agency。

third，The guidelines for internal case handling should be targeted at cross -border investigation and cooperation，Set domestic survey work quality standards。The success or failure of cross -border investigations is closely related to whether domestic investigation work is fine。Usually under the circumstances，Regardless of the survey for evidence、The suspect's repatriation or the refund of the stolen money，All need to accept the substantial review of the case or judicial organs for the case，Domestic investigation must provide strong evidence and facts for overseas review。For example，The effectiveness of cross -border recovery work on telecommunications network fraud crimes is not obvious，Part is related to providing sufficient evidence to overseas law enforcement or judicial organs to complete the certificate of stolen money transfer links。So，It is necessary to sort out the criminal legal system where the overseas dens and stolen money flow of the overseas dens of the telecommunications network fraud in my country，Determine the minimum standard of the required certification materials，Domestic investigation work of cross -border cases with this guidance，The success rate of improving cross -border investigation cooperation。

　　Protection of those who strengthen legal rights and interests in accordance with the law

First，It is necessary to set up a unified national appeal platform。Given that the National Anti -Fraud Center APP has Bet365 lotto review been launched，You can consider adding an appeal channel at this APP，Appeals for detailed debate，The National Anti -Fraud Center shall be directly or required to freeze、Treating and other decisions of the public security organs quickly approved，Decisions for whether to take the lifting measures within the prescribed period。

Second，Legal setting the longest freezing period under certain conditions。The Criminal Procedure Law only requires "sealing、The derived property、File、Email、Telegraph or frozen deposit、remittance、Bond、Stock、Fund share and other property，It is clear that the case is clearly unrelated to the case，It should be lifted within three days、See、Frozen，Retreat "，However, it has not been stipulated that it is not proved to be dealt with when it is involved，There is no regulation of restrictions on the number of renewal times。Because of this，Many payment accounts have been frozen for many years，The number of frozen accounts can be considerable，and the public security organs insufficient police force，For some unbreakable cases，The frozen account cannot be screened and properly processed in time。In this background，It is necessary to pass the legislation，Under the premise of retaining relevant evidence，For case investigation, it has fallen into a deadlock，Public security organs have not obtained a new breakthrough for a period of time，Cases that have been freezing for a certain period of time or continuously frozen to reach the specified number of times，Automatically lift the freezing，To protect the rights of the holder of the account holding account。For the closed website、Public account，Phone card required to be stopped，Similar regulations can be applied。

third，​​Increase resource investment，Accelerate the cleanliness accumulated for many years being frozen account。For many years of severe blows that have been criminals on telecommunications network fraud，At present, a large amount of payment accounts that have been frozen on the grounds of the case，The amount of frozen funds is huge。Frozen funds，Most of them belong to stolen money，The capital link should be checked，Return the victim in time in time according to law; if there is an error frozen，It should be lifted according to law。Actually，Law enforcement agencies have carried out special cleanup of stock accounts and funds，But when the newly issued case is still high，Law enforcement agencies are dominant resources for this work extremely limited。For this，It is necessary to invest special resources，bet365 Play online games hire a large number of financial investigators，Under the guidance of fund check -control experts，Use one to several years，Concentrated disposal Cleaning the frozen funds，Accelerate the return of funds to the victim or recovery，Ensure the legitimate rights and interests of relevant personnel，It also restores large funds to circulation，Rejuvenating Vitality。

Fourth，Carefully adopt the non -differential control measures for a certain business。Should be text messages overseas、The blocking of the telephone implementation whitewashing system。Even if it is considered to be generally closed by default, receiving overseas SMS、The practice of telephone service is reasonable，It should also be used to use overseas SMS、Enterprises or individuals of telephone service provides remedial opportunities，Adopt a white list system，Provide application channel，and quickly review，Resume legal services as soon as possible。

　　(This article is the major specialty of socialist core values ​​into the research of public security law enforcement field research (18vjh012) staged achievements)

(The author is a professor at the School of Investigation of the People's Public Security University of China)