Citizen rule of law literacy benchmarks
Zhejiang Provincial Citizens' Legal Literacy Benchmark General Education Edition (First Edition)" Benchmark 5: Criminal law is a law and regulation that stipulates crimes and punishments, and plays an important role in protecting people's safety, social security, and other aspects. Article 47: The Criminal Code provides for legal knowledge related to other public security offences.
Details of the case
*Originated from the Internet.
Pan searched for nearby people through a social software and saw a stranger who signed "You can contact me if you are short of money", so Pan added the other party's friend, and after chatting a few words, the other party asked Pan to "transfer positions" and contact through WeChat. Later, Pan added a friend named "Financial Payment" according to the other party's request. After some communication, Pan learned that the other party was accepting bank cards, and Pan informed the other party of all the information of his bank cards, and after "card inspection", one of Pan's bank cards met the other party's card collection requirements. The other party promised to pay Pan 20,000 yuan as a benefit fee, but when Pan learned that he was going to go to other places to swipe the card, he was afraid that his behavior might be illegal, so he refused the other party. After that, the other party asked Pan to rush to a nearby city to swipe the card, but Pan still refused. However, two days later, the text message reminded that the credit card repayment date was approaching, and the bank arrears of more than 5,000 yuan and tens of thousands of yuan of foreign debts made it difficult for Pan, so he decided to take a risk, took the initiative to contact "financial payment", and negotiated the transaction with 20,000 yuan for a night's loan. Under the instructions of the other party, Pan went to a city in Linxian Province, provided personal bank cards to two criminals in a hotel room for "money laundering", and helped the criminals pass identity verification dozens of times. Pan was criminally detained by the public security organs on suspicion of aiding information network criminal activities.
List of rights and obligations
*Originated from the Internet.
In recent years, telecommunications network fraud methods have emerged in an endless stream, and the acquisition and leasing of "two cards" (credit cards, credit cards, and ** cards) is the most common type of crime of aiding information network criminal activities. The act of "helping trust" not only harms others and oneself, but also harms society. The general public should be vigilant, never believe in the temporary work of "low pay and high return", and never lend their ID cards, ** cards, bank cards, and account information of third-party payment platforms such as WeChat and Alipay to others. When providing information technology assistance, it is necessary to verify and distinguish carefully to avoid falling into the trap of illegal and criminal traps set by others and becoming the first fraudster. If you encounter telecommunications network fraudsters, you shall promptly report them to the police.
Legal Risk Warning (Link to Legal Provisions).
Criminal Law of the People's Republic of China
Article 287bisKnowing that others are using information networks to commit crimesto provide technical support such as Internet access, server hosting, network storage, communication transmission, etc., for their crimes, orWhere assistance is provided such as for advertising and promotion, payment and settlement, and the circumstances are serious, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the first paragraph.
Where conduct in the preceding two paragraphs simultaneously constitutes other crimes, follow the provisions for the heavier punishment at trial and sentencing.
"Anti-Telecommunications Network Fraud Law of the People's Republic of China".
Article 31No unit or individual may illegally buy, sell, lease, or lend ** cards, Internet of Things cards, telecommunications lines, SMS ports, bank accounts, payment accounts, Internet accounts, etc, must not provide assistance with real-name verification; It is not allowed to impersonate the identity of others or fictitious ** relationship to open the above-mentioned cards, accounts, account numbers, etc.
Units, individuals, and relevant organizers that have been designated by public security organs at the districted-city level or above to carry out the conduct in the preceding paragraph, as well as persons who have received criminal punishment for engaging in telecommunications network fraud activities or related crimes, may be recorded in credit records in accordance with relevant state provisions, and measures such as restricting their functions such as cards, accounts, and account numbers, and stopping non-counter operations, suspending new operations, and restricting access to the network may be employed. Where there are objections to the designations and measures described above, an appeal may be submitted, and the relevant departments shall establish and complete channels for appeals, credit restoration, and relief systems. The specific measures shall be formulated by the public security department in conjunction with the relevant competent departments.
* Rule of law in Zhejiang.
Edited by Guo Rong.