The draft anti telecom network fraud law will be unveiled for the first time

2021-10-19

On October 18, the Legislative Affairs Committee of the Standing Committee of the National People's Congress held a press conference. Spokesman Zang Tiewei introduced the legislative work and answered reporters' questions. Zang Tiewei said that the 102nd chairman's meeting of the Standing Committee of the 13th National People's Congress decided that the 31st meeting of the Standing Committee of the 13th National People's Congress would be held in Beijing from October 19 to 23. Establish telecom network fraud Countermeasures The reporter of Beijing Youth Daily learned from the press conference that there were 9 legal cases submitted to the Standing Committee meeting for initial consideration, including the draft anti telecom network fraud law. Zang Tiewei said that at present, the situation of telecommunications network fraud is grim and accounts for a large proportion in criminal cases. Some people's medical treatment money, pension money and school money have been swept away by fraudsters. It has become a prominent crime with the highest incidence, the greatest loss and the strongest response from the masses, seriously endangering the vital interests of the people and social harmony and stability. "From a practical point of view, the institutional measures for comprehensive treatment and source treatment of anti telecom network fraud are not sufficient. There are weak links in the governance of finance, communication, Internet and other industries, and the construction of legal system needs to be strengthened." He introduced that the basic considerations for formulating this law are: first, focus on front-end prevention based on comprehensive treatment, source treatment and legal treatment. Second, start from a small incision and make provisions on key links and main systems. Third, urgent needs should be given priority and should be coordinated and promoted with relevant legislation. It is reported that the draft stipulates the basic principles of anti telecom network fraud; Improve the basic management system of telephone card, IOT network card, financial account and internet account; Establish technical measures against telecom network fraud, comprehensively promote the construction of cross industry and enterprise unified monitoring system, and provide institutional support for the use of big data against fraud. In addition, we will strengthen the governance of illegal services, equipment and industries related to fraud; Strengthen the construction of other relevant preventive measures. Clarify legal responsibilities and strengthen punishment. Third instance of the draft law on the promotion of family education Supplement and improve home school collaboration and other contents It is reported that the draft family education promotion law will be reviewed for the third time. In August this year, the 30th meeting of the Standing Committee reviewed the draft law on the promotion of family education for the second time. Zang Tiewei said that the third draft submitted to the Standing Committee meeting for deliberation intends to improve the provisions on the concept and content of family education, further clarify the boundary between family education and school education, and more fully reflect the characteristics of family education. At the same time, in view of the prominent problems that some parents impose an excessive learning burden on their minor children, and some parents neglect to discipline their minor children's Internet addiction and other behaviors, the third deliberation draft of the draft plans to add relevant provisions to clarify the relevant responsibilities of parents or other guardians. Zang Tiewei introduced that the third deliberation draft of the draft implemented the clear requirements of relevant central documents on reducing the homework burden and after-school training burden of students in the stage of compulsory education, and supplemented and improved the same content of family education and school education. "Considering that the family education of left behind children and children in difficulties is facing more difficulties, relevant provisions shall be added to strengthen support and provide more help to the families of these minors." In addition, further clarify the role of women's federations in family education; Further clarify the legal responsibility of the client for failing to perform the responsibility of family education according to law in the case of entrusted care; Further improve the connection with laws such as the law on the protection of minors and the law against domestic violence, and prevent the implementation of domestic violence against children without using correct family education methods. Draft amendment to the Civil Procedure Law It is proposed to simplify the trial method of small claims The reporter of Beiqing daily also learned that this meeting will consider the draft amendment to the civil procedure law for the first time. China's current civil procedure law was adopted at the fourth session of the Seventh National People's Congress in 1991 and has been amended three times in 2007, 2012 and 2017. Zang Tiewei said that in order to further optimize the allocation of resources, promote the diversion of complex and simple cases, the separation of severity and speed, deepen the reform of the civil litigation system, improve judicial efficiency and promote judicial justice, a decision was made at the 15th meeting of the Standing Committee of the 13th National People's Congress on December 28, 2019 The decision on Authorizing the Supreme People's court to carry out the pilot reform of diversion of complexity and simplicity of civil procedure in some areas authorizes the Supreme People's court to carry out the pilot reform of diversion of complexity and simplicity of civil procedure in people's courts in some areas. On the basis of comprehensively summarizing the experience of the pilot reform, the Supreme People's court drafted the Civil Procedure Law of the people's Republic of China (Revised Draft). It is reported that the main amendments to the civil procedure law in the draft amendment include: first, optimize the judicial confirmation procedure. Reasonably expand the scope of application of the judicial confirmation procedure and optimize the jurisdiction rules of judicial confirmation cases. Second, improve the small claims procedure. Improve the scope and methods of application of the small claims procedure, clarify the cases that cannot be applied to the small claims procedure, and simplify the trial parties of small claims cases The third is to improve the provisions on summary procedure and adjust the applicable conditions of summary procedure. The fourth is to expand the scope of application of the independent system. Establish the ordinary procedure trial mode of the independent system of first instance and the independent trial mode of second instance. The fifth is to improve the online litigation and service rules. Establish the legal effect of online litigation, improve the electronic service rules, and reasonably shorten the service time of announcements. (reporter Meng yaxu) (outlook new era)

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