In 2023, the work of cracking down on telecom network fraud and anti-crime and evil will attract much attention from the outside world. During the two sessions of the National People's Congress, a reporter from Beijing Youth Daily interviewed Li Yong, member of the party group and vice president of the Supreme People's Court. Last year, a large number of suspects involved in telecommunications network fraud in northern Myanmar were handed over to our side. Li Yong said that the people's courts should resolutely deter crimes, especially highlight the key points of crackdown, resolutely impose heavy sentences according to law, and resolutely smash the arrogance of criminals.
Talk about "cracking down on wire fraud".
In 2023, the first-instance trial will be concluded 3More than 10,000 pieces
Beiqing Daily: In the summer of 2023, an anti-fraud movie "All or Nothing" sparked heated public discussions, and also brought cross-border telecom network fraud into the public eye, I don't know if you have seen this movie?
Li Yong: I also watched this movie. The situation shown in the movie in which criminals set up criminal dens abroad, lure and lure domestic residents to smuggle out of the country with "high salaries" and other means, and then coerce and induce them to commit telecommunications network fraud and other crimes by restricting personal freedom, beatings, and human trafficking, is a microcosm of real cross-border telecommunications network fraud crimes.
The social harm of this type of cross-border telecommunications network fraud is very serious, and it is the "top priority" of the people's courts to severely punish in accordance with law.
Beiqing Daily: What are the difficulties and dilemmas in cracking down on telecom network fraud? How to hack?
Li Yong: At present, the crime of telecommunication network fraud is characterized by cross-border, collectivization, industrialization, and chaining, and the criminal methods are iteratively renovated, and there are problems such as difficulty in investigation, evidence collection, identification, and recovery of stolen goods.
The people's courts have adopted a number of measures in the process of cracking down on governance, including persisting in handling cases strictly in accordance with law, continuously strengthening legal support, and continuing to promote the formation of a joint force for crackdown and governance.
Where telecommunications network fraud crimes seriously endanger the interests of the people and social harmony and stability, the people's courts are to give full play to the role of adjudication functions, persist in severely punishing them in accordance with law, strictly follow the provisions of laws and judicial interpretations, earnestly control the facts, evidence, and application of law, accurately grasp the criminal policy of blending leniency and severity, and make accurate determinations, and do not indulge in vain.
Beiqing Daily: The ** political and legal work conference held in January this year mentioned that in 2024, China's political and legal organs will further promote the crackdown and rectification of telecommunications network fraud. What did the people's courts do last year to crack down on telecommunications network fraud?
Li Yong: The people's courts attach great importance to efforts to combat and govern telecommunications network fraud, giving full play to the role of adjudication functions, persisting in severely punishing in accordance with law, and at the same time emphasizing strengthening governance at the source and comprehensive management, to ensure that all work is carried out in an orderly, effective and effective manner.
The first is to continue to do a good job in adjudicating cases. The Supreme People's Court convened a meeting to advance key efforts to combat and govern telecommunications network fraud, requiring all levels of people's court to attach great importance to and truly strengthen efforts to adjudicate cases of telecommunications network fraud, so as to achieve a high degree of unity of legal and social effects. In 2023, courts across the country will conclude the first-instance trial of telecommunications network fraud cases3More than 10,000 pieces 6More than 40,000 defendants have achieved phased results in cracking down on telecommunications network fraud.
The second is to carry out in-depth investigation and research. In view of the current new situation and characteristics of telecommunication network fraud crimes, especially cross-border telecommunication network fraud crimes, the Supreme People's Court has dispatched special working teams to a number of key provinces to carry out investigations, promptly sort out, research, and resolve legal problems, and provide strong legal support for combating telecommunication network fraud, especially cross-border telecommunication network fraud crimes.
The third is to continuously strengthen the publicity of the rule of law. Give full play to the role of typical cases in guiding, warning, and educating. Last year, the Supreme People's Court launched 10 issues of the "Anti-Fraud and Anti-Gambling People's Court in Action" series of publicity**, 8 typical cases of cross-border telecommunications network fraud and related crimes released before the Spring Festival, declaring the people's courts' policy stance and strong determination to strictly crack down on cross-border telecommunications network fraud in accordance with the law, reminding the public to take the case as a lesson and not to step into the quagmire of crime and become a crime of telecommunications network fraud
In 2024, the three "further" will be further promoted
Beijing Youth Daily: What new deployments will be made in 2024?
Li Yong: This year, the people's courts will take greater efforts and more practical measures to carry out in-depth efforts to crack down on telecommunications network fraud.
It is necessary to further strengthen the work of handling cases, persist in severely punishing criminal activities of overseas telecommunications network fraud in accordance with law, and severely punish persons who collaborate in crimes within the territory in accordance with law.
It is necessary to further intensify the recovery of stolen goods and losses, persist in thoroughly investigating and recovering funds involved in fraud in accordance with the law, promptly return and recover recovered property, and make every effort to recover economic losses for the defrauded masses.
It is necessary to further do a good job of publicity on the rule of law, strengthen the pertinence and effectiveness of publicity and education, actively create a brand of anti-fraud publicity with court characteristics, and jointly create a strong atmosphere for the whole people to fight fraud and the whole society to fight fraud.
Beiqing Daily: How to "pursue as much as possible, retreat as much as possible, and compensate as much as possible"?
Li Yong: It is necessary to advance the recovery of stolen goods and losses at the same time as the trial of cases, and continue to recover stolen goods throughout the entire process and all links of criminal trials.
It is necessary not only to coordinate with relevant departments to promptly seize and freeze stolen funds from accounts involved in the case, but also to urge the defendants to actively return the stolen goods and make restitution, and use measures such as compulsory enforcement and untrustworthiness to force criminals to perform property criminal judgments, and also to promptly return the frozen funds involved in fraud and the recovered assets involved in the case in accordance with law, ensuring that "all funds involved in the fraud should be recovered, all should be returned, and all compensation should be paid" is in place, to maximize the recovery of the economic losses of the defrauded masses.
Talk about "sweeping away gangsters and eliminating evil".
There are still criminal elements involved in the underworld and evil hiding and hibernating
Beiqing Daily: The anti-gang and anti-evil has always attracted much attention from the outside world, and promoting the normalization of the anti-gang and anti-evil is one of the focuses of this year's work. At the beginning of last year, the TV series "Hurricane" attracted everyone's attention, I don't know if you paid attention to this TV series?
Li Yong: "Hurricane" is a TV drama with the main theme of the fight against gangsters and evil, and the ratings are very high during the broadcast, which has caused strong repercussions in the society, and I am also very concerned about it.
The people's courts have given full play to their adjudication functions, unswervingly and comprehensively implemented the principle of being strict in accordance with law, always maintaining a high-pressure posture against underworld forces and their "protective umbrellas", and lawfully and severely and quickly trying all kinds of cases that seriously disrupt social order and seriously affect the people's sense of security, and have achieved remarkable results.
Sun Xiaoguo in Yunnan and Du Shaoping in Hunan have successfully tried a large number of major and important cases involving organized crime that have attracted much social attention, effectively safeguarding social stability and order, and the people living and working in peace and contentment, and significantly enhancing the people's sense of security and satisfaction.
The TV series "Hurricane" reproduces the severity, complexity and necessity of the struggle against gangsters and evil from one side from the perspective of artwork and through the form of artistic processing, which meets the new expectations and requirements of the people for fairness, justice, stability and order, and reflects the voice of society.
Beiqing Daily: Since last year, what are the highlights of the people's courts in sweeping away organized crime and eliminating evil?
Li Yong: In 2023, the people's courts will normalize the fight against organized crime and vice as a concrete action to implement the spirit of the 20th National Congress of the Communist Party of China, implement the requirements of decision-making and deployment with a high degree of political consciousness, closely focus on the key points of the work of the National Anti-Organized Crime Office, give full play to the role of trial functions, adhere to the principle of "handling from a political point of view and from the rule of law", and continue to make efforts in case handling, clearing up "black wealth", and promoting industry governance, and have achieved remarkable results.
The people's courts are to implement the overall outlook, lawfully, accurately, and forcefully punish criminals involved in underworld crimes, and take effective measures to maintain social stability and the people live and work in peace and contentment.
In 2023, courts across the country will accept 2,208 new cases involving underworld and vice in the first instance, and 1,855 cases will be concluded, with a completion rate of 8401%；Enforcement of property penalties in cases involving underworld and vice is in place6.6 billion yuan, and the recovery and confiscation of illegal gains were implemented in place52.2 billion yuan, and the implementation rate was33%。The people's sense of gain, happiness and security has been continuously enhanced, and the social security environment has continued to improve.
Persist in placing equal emphasis on crime and governance, emphasizing "grasping the front end and curing the disease before it happens", profoundly summarizing the shortcomings in social governance and industry regulatory loopholes discovered in the trial of cases involving underworld and vice, continuing to issue high-quality judicial recommendations to relevant departments and industry regulators, organizing joint meetings and joint issuance of documents, and promoting the establishment of a system for plugging leaks.
In 2023, courts across the country will formulate and issue a total of 2,803 judicial recommendations related to the governance of underworld and vice, and the number of judicial recommendations sent will increase by 16 year-on-year3%。
This year, we will earnestly increase the disposal rate of "black wealth".
Beijing Youth Daily: What other deployments will be made this year?
Li Yong: This year, the people's courts will continue to vigorously promote the normalization of anti-gang and anti-vice work.
Persist in unifying fairness and efficiency, further increasing the rate of cases being concluded within the trial time limit, and promoting the acceleration of trial work in cases involving organized crime and vice.
At the same time, further promote the improvement of the overall pattern of enforcement efforts involving underworld and vice-related assets, deepen coordination and cooperation mechanisms, continue to carry out enforcement tackling, strengthen index evaluations, and truly increase the rate of disposition of "black money".
Adhere to the problem orientation, promote front-end resolution, and further strengthen governance in accordance with law, comprehensive governance, and governance at the source. Comprehensively sort out the trials, judgments, and enforcement of cases that have already been decided involving organized crime and vice, further summarizing experience and promoting work.
Beiqing Daily: In September last year, you attended the people's court's meeting to promote the key work of the normalized anti-gang and anti-vice struggle, and mentioned that "crimes related to organized crime and vice have shown many new trends and characteristics." What are the new trends and features?
Li Yong: With the deepening of the normalized anti-gang and anti-evil struggle, the underworld and evil forces that have surfaced have been vigorously eliminated, but there are still criminals involved in criminal syndicates and evil forces who have changed their appearance, hibernated, and their ability to evade crackdowns and counter-investigations has been continuously enhanced.
First, violations and crimes are more hidden. The number of cases of criminal syndicates and vices openly using violence is gradually decreasing, and the number of cases of committing crimes through "soft violence" is gradually increasing, on the basis of "hard violence" at any time. Some underworld organizations carry out illegal and criminal activities through a combination of offline and online methods.
Second, the disposal of criminal property is more complicated. Criminals involved in criminal syndicates and vices have done everything possible to launder "black wealth" through the same methods as transformation and upgrading, investment and financial management, and mixing illegal property with lawful property, creating obstacles for the public security and judicial organs to accurately identify "black wealth".
Third, there is still a long way to go in comprehensive management. How to eradicate the breeding ground for crimes related to criminal syndicates and vices, and prevent chaos in the field of social security and grassroots governance from evolving into malign forces and transforming and upgrading into organizations of the highest nature, is still a topic to be focused on at present. This group of articles is written by Meng Yaxu, a reporter from this newspaper.
*: Beijing Youth Daily.