What does the (Measures for the Joint Punishment of Telecommunications and Internet Fraud and Related Crimes) that came into effect on December 1st say, and what good news does it bring to friends in the industry? I will explain it clearly to you, but there are still some points that I haven't made clear, but my opinion is not that important.
There are 18 rules in total, which are very detailed. It is definitely beneficial to people in the cryptocurrency circle, cryptocurrency traders or retail investors who are accidentally injured in this industry.
The targets of punishment are determined: those who have been criminally punished for crimes such as aiding and abetting credit card fraud, online fraud, obstructing credit card management (renting, lending, and selling), infringing on citizens' personal privacy, and concealing the proceeds of crime, that is, those who have been sentenced by the People's Court, will be put on the punishment list.
The second type is identified by the public security organs at or above the municipal level:
Illegal buying, selling, renting, or lending three or more phone cards, IoT cards, landline phones, telecom lines, SMS ports, bank accounts, payment accounts, digital RMB wallets, Internet accounts, domain names, or IP addresses, or providing real-name verification assistance for the above cards, accounts, or impersonating three or more of others. After reporting and review, you can be listed as a disciplinary target.
If you are an organization, then the legal person or actual operator can be punished.
Disciplinary measures include financial punishment, telecommunications network punishment, and credit punishment.
Many friends don’t understand what these punishments mean:
The punishment includes that you cannot open a new bank account, all bank card non-counter, Alipay, and WeChat login functions will be closed, credit loans for buying houses and cars will be shut down, and you can only have one mobile phone card, broadband, and Internet (account), you cannot leave the country (border control), etc., and even bank financial management will be restricted when opening a company to open a public account. The competent authority will provide the information of the punished subjects to the Credit Information Center of the People's Bank of China, which will include it in the basic database of financial credit information.
However, after three years of research, I found that the credit punishment here is not the credit punishment of the credit system we are talking about, but the credit publicity in the "National Credit Information Sharing Platform". The credit punishment here is managed by the National Development and Reform Commission and the Credit Information Center of the People's Bank of China. The National Credit Information Platform was put into operation in 2015. It mainly collects public credit information, including basic information, administrative penalty information, administrative license information, red and black list information, etc. It has nothing to do with the credit information we are talking about. It looks like this:
Now there are clear legal provisions that the People's Bank of China Credit Information Center will include it in the financial credit information basic database.
This way there is a law to follow. If you are punished, your information will be uploaded to this database, and of course the source can be found when you appeal.
The good news is that there will be a graded punishment system, which means that instead of being sentenced to five years straight away, the punishment period will be three years after you are sentenced by the court.
If you have not been sentenced by the court but only identified by the competent authority, then you will be punished for two years. What needs to be noted here is that once you go in and operate a sewing machine, the starting time of the punishment will be calculated from the time you are released from prison.
If you don't go to jail, or are on probation, the count will be based on the time of conviction.
The punishment process is: the Ministry of Public Security transfers the joint punishment target reporting form issued by local public security organs to the National Development and Reform Commission, the Ministry of Industry and Information Technology and the People's Bank of China through a "total to total" method.
There are three departments here that have your information. This is where the total-to-total control comes from. What lawyers say about total-to-total control is actually wrong.
Compared with the past when you couldn't even find the person after being punished, these laws and regulations are very detailed. After you are punished, the recognized competent authority will inform you in writing (by mail) the reasons for the punishment, the punishment period, the punishment measures and the right to appeal according to law.
This is very convenient. In the past, if you wanted to find someone who punished you, you might not be able to find that person for two or three years. Even if you found that person, they would simply deny it and you would be helpless.
Of course, if you have any objections, you can also appeal. After receiving the appeal, the competent authority shall inform the appellant of the materials that need to be provided within three working days, and complete the verification work within fifteen working days from the date of receipt of the materials, and provide written feedback on the verification results to the appellant. The reasons for not lifting the disciplinary measures should be stated.
During the disciplinary period, the punished person may apply to retain a non-involved phone card in his or her name within 10 working days after receiving the disciplinary notice from the public security organ.
What is certain is that these two points are well documented, and all the documents should mean what is required:
Credit punishment measures should be implemented through the following methods:
(1) Include the relevant disciplinary targets in the list of serious dishonest entities involved in “telecommunications and Internet fraud”, share the list with the national credit information sharing platform, and publicize the information of serious dishonest entities through the “Credit China” website;
(II) Incorporating relevant information on disciplinary targets into the basic database of financial credit information
Compared with the past when currency traders were accidentally injured or retail investors were punished for selling U and received a black hand, they didn’t know where to appeal or what materials to prepare. Therefore, now that there are clear laws and regulations, the time cost has been directly reduced.
If the subject of the punishment has objections to the punishment determination, or if the relevant punishment measures have not been lifted upon expiration, he or she may appeal to the public security organ that made the determination in person, by phone, in writing, etc. After receiving the appeal, the public security organ shall inform the appellant of the materials that need to be provided within three working days, complete the verification work within fifteen working days from the date of receipt of the materials, provide written feedback on the verification results to the appellant, and explain the reasons for not lifting the punishment measures.
After receiving the materials for review, the competent authority will report it immediately and your release can be granted in as fast as 10 days.
After the credit punishment of the punished subject is lifted, the National Development and Reform Commission and the Credit Information Center of the People's Bank of China shall, in accordance with relevant regulations, promptly remove the relevant information of the punished subject from the national credit information sharing platform and the financial credit information basic database and terminate information sharing.
One thing that is certain is that the punishment will be automatically lifted after the expiration date, and the relevant punished subjects will be automatically removed from the list of serious defaulters of "telecommunications network fraud".