Anti-Telecom Network Fraud Law of the People's Republic of China (full text)
(adopted at the 36th meeting of the Standing Committee of the 13th National People's Congress on September 2, 2022)
Item Record
Chapter 1 General Then
Chapter 2 Telecom Governance
Chapter 3Financial Governance
Chapter 4 Internet governance
Chapter 5 Comprehensive measures
Chapter 6 Legal liability
Chapter 7 Attachment
Chapter 1 General
Article 1 In order to prevent, curb and punish telecommunications network fraud activities, strengthen anti-telecommunications network fraud work, protect the legitimate rights and interests of citizens and organizations, and maintain social stability and national security, this Law is formulated in accordance with the Constitution.
Article 2 The telecommunications network fraud referred to in this law refers to the act of fraudulent public and private property by using telecommunications network technology for the purpose of illegal possession and using telecommunications network technology to remotely and non-contact.
Article 3 This Law applies to combating and governing telecommunications network fraud activities carried out within the territory of the People's Republic of China or telecommunications network fraud activities carried out overseas by citizens of the People's Republic of China .
Overseas organizations and individuals who implement telecommunications online fraud activities within the territory of the People's Republic of China, or provide products, services and other assistance for others to implement telecommunications fraud activities within the territory of the People's Republic of China, shall be handled and held accountable in accordance with the relevant provisions of this Law.
Article 4 Anti-telecom network fraud work adheres to the people-centered approach and coordinates development and security; adheres to systematic concepts and rule of law thinking, pays attention to source governance and comprehensive governance; adheres to joint management and group prevention and control, comprehensively implements various measures for combating, prevention and control, and strengthens social publicity and education prevention; adheres to precise prevention and control, and ensures normal production and operation activities and convenience for people's lives.
Article 5 Anti-telecommunication network fraud work should be carried out in accordance with the law to safeguard the legitimate rights and interests of citizens and organizations.
Relevant departments, units and individuals shall keep confidential state secrets, commercial secrets, personal privacy and personal information known during the anti-telecommunication network fraud process.
Article 6 The State Council establishes a working mechanism for anti-telecommunications network fraud and coordinates the crackdown and governance work.
Local people's governments at all levels organize and lead anti-telecommunications network fraud work within their administrative regions, determine the target tasks and working mechanisms of anti-telecommunications network fraud, and carry out comprehensive governance.
The public security organs take the lead in anti-telecommunications network fraud work. The relevant departments such as finance, telecommunications, Internet information, and market supervision fulfill their main supervision responsibilities in accordance with their duties and are responsible for anti-telecommunications network fraud work in this industry.
People's Court and People's Procuratorate play the role of trial and procuratorial functions to prevent and punish telecommunications network fraud activities in accordance with the law.
Telecom business operators, banking financial institutions, non-banking payment institutions , and Internet service providers assume risk prevention and control responsibilities, establish an internal control mechanism and security responsibility system for anti-telecom network fraud, and strengthen security assessment of fraud-related risks of new businesses.
Article 7 Relevant departments and units should work closely together in anti-telecommunications network fraud work to achieve cross-industry and cross-regional coordination and rapid linkage, strengthen professional team building, and effectively combat and control telecommunications network fraud activities.
Article 8 People's governments at all levels and relevant departments shall strengthen anti-telecommunications network fraud publicity, popularize relevant laws and knowledge, and improve the public's awareness of anti-fraud and ability to recognize fraud against various telecommunications network fraud methods.
Education administration, market supervision, civil affairs and other relevant departments, as well as Villagers' Committees and residents' committees, should strengthen publicity and education for the elderly, teenagers and other groups in light of the distribution of the victims of telecommunications network fraud, enhance the pertinence and accuracy of anti-telecommunications network fraud publicity and education, and carry out anti-telecommunications network fraud publicity and education activities such as schools, enterprises, communities, rural areas, and families.
All units should strengthen internal prevention of telecommunications network fraud and carry out education on preventing telecommunications network fraud for staff; individuals should strengthen awareness of preventing telecommunications network fraud. Units and individuals shall assist and cooperate with relevant departments in carrying out anti-telecommunications network fraud work in accordance with the provisions of this Law.
Chapter 2 Telecommunications Governance
Article 9 Telecommunications business operators shall fully implement the registration system for real identity information of telephone users in accordance with the law.
Basic telecommunications companies and mobile communication resale companies shall bear the responsibility of implementing the real-name management of telephone users to the agents, and clarify the responsibilities of real-name registration of agents and relevant breach of contract handling measures in the agreement.
Article 10 The number of telephone cards that must not exceed the limits of relevant national regulations.
For abnormal card application situations identified, the telecommunications business operator has the right to strengthen verification or refuse to apply for the card. The specific identification method shall be formulated by the telecommunications department of the State Council.
The telecommunications department of the State Council organized the establishment of a verification mechanism for the number of telephone users opening cards and a risk information sharing mechanism, and provided convenient channels for users to query the telephone card information under their name.
Article 11 Telecommunications business operators shall re-verify the user of fraud-related abnormal telephone card that is monitored and identified, and take differentiated and corresponding verification measures based on the risk level. If the verification is not verified in accordance with regulations or fails to pass the verification, the telecommunications business operator may restrict or suspend the relevant telephone card functions.
Article 12 Telecommunications business operators establish a risk assessment system for IoT card users. If the assessment fails, they shall not sell IoT cards to them; strictly register the identity information of IoT card users; and take effective technical measures to limit the activation functions, usage scenarios and applicable equipment of IoT cards.
If a unit user purchases an IoT card from a telecommunications business operator and sells the device containing the IoT card to other users, the user's identity information shall be verified and registered, and the sales volume, inventory and user real-name information shall be transmitted to the telecommunications business operator with the number.
Telecommunications business operators establish a monitoring and early warning mechanism for the use of IoT cards. In case of abnormal use, disposal measures should be taken to suspend services, re-verify identity and usage scenarios, or other contractual agreements.
Article 13 Telecommunications business operators shall standardize the transmission of real caller numbers and rental of telecommunications lines, and conduct blocking, intercepting and traceability verification of the number-changing telephone.
Telecommunications business operators should strictly regulate the transmission of caller numbers from the entrance and exit bureau of the international communications business, and prompt the user with real and accurate country or region to which the call number belongs, and identify and intercept false callers and irregular callers within and between the network.
Article 14 No unit or individual may illegally manufacture, sell, provide or use the following equipment and software:
(I) Bulk insertion equipment for telephone cards;
(II) Equipment and software with functions such as changing caller numbers, virtual dialing, and illegal access of Internet phones to public telecommunications networks;
(III) Automatic switching system for batch accounts and network addresses, and batch receiving and providing SMS verification and voice verification;
(IV) Other equipment and software used to commit illegal and criminal acts such as telecommunications network fraud.
Telecommunications business operators and Internet service providers shall take technical measures to promptly identify and block the illegal equipment and software specified in the preceding paragraph from the network access, and report to the public security organs and relevant industry authorities.
Chapter 3 Financial Governance
Article 15Banking financial institutions and non-bank payment institutions open bank accounts, payment accounts and provide payment settlement services for customers, and during the period of business relationship with customers, a customer due diligence system shall be established, and the beneficiary owners shall be identified in accordance with the law, and corresponding risk management measures shall be taken to prevent bank accounts, payment accounts, etc. from being used in telecommunications network fraud activities.
Article 16 Opening a bank account and payment account shall not exceed the number of restrictions in relevant national regulations.
For those who have been identified as abnormal account opening, banking financial institutions and non-bank payment institutions have the right to strengthen verification or refuse to open an account.
People's Bank of China . The State Council's banking supervision and administration agency organized relevant clearing institutions to establish a cross-institution account opening verification mechanism and a risk information sharing mechanism, and provided customers with convenient channels to query bank accounts and payment accounts under their names. Banking financial institutions and non-bank payment institutions shall provide account opening situations and relevant risk information in accordance with relevant national regulations. Relevant information shall not be used for any purpose other than anti-telecommunication network fraud.
Article 17 Banking financial institutions and non-bank payment institutions shall establish a risk prevention and control mechanism for abnormal situations in opening corporate accounts. Relevant departments such as finance, telecommunications, market supervision, and taxation have established information sharing and query systems for opening corporate accounts and provide networked verification services.
Market entity registration authority shall perform the duties of verifying identity information for real-name registration of enterprises in accordance with the law; supervise and inspect the registration matters in accordance with the regulations, and focus on supervision and inspection of enterprises that may have false registration or fraud-related abnormalities. If the registration is revoked in accordance with the law, information shall be shared in a timely manner in accordance with the provisions of the preceding paragraph; and provide convenience for banking financial institutions and non-bank payment institutions to conduct customer due diligence and identify the beneficiary owners in accordance with the law.
Article 18 Banking financial institutions and non-bank payment institutions shall strengthen monitoring of bank accounts, payment accounts and payment settlement services, and establish and improve abnormal accounts and suspicious transaction monitoring mechanisms that meet the characteristics of telecommunications network fraud activities.
The People's Bank of China coordinates the establishment of a unified anti-money laundering monitoring system for cross-bank financial institutions and non-bank payment institutions, and works with the public security department of the State Council to improve the anti-money laundering suspicious transaction reporting system that is compatible with the characteristics of capital flow for telecommunications network fraud crimes.
For abnormal accounts and suspicious transactions detected by monitoring, banking financial institutions and non-bank payment institutions shall take necessary preventive measures such as verifying transaction conditions, re-verifying identity, delaying payment settlement, restricting or suspending relevant business based on the risk situation.
When banking financial institutions and non-bank payment institutions conduct monitoring of abnormal accounts and suspicious transactions in accordance with the provisions of the first paragraph, they can collect necessary transaction information and equipment location information such as abnormal customer Internet protocol address, network card address, payment acceptance terminal information, etc. The above information shall not be used for any purpose other than anti-telecommunication network fraud without the authorization of the customer.
Article 19 Banking financial institutions and non-bank payment institutions shall, in accordance with relevant national regulations, transmit transaction information such as merchant names, name of payment customers and accounts that directly provide goods or services to ensure the authenticity, completeness of the transaction information and consistency in the entire payment process.
Article 20 The State Council’s public security department, together with relevant departments, established and improved the system for instant inquiry, emergency stop payment, rapid freezing, timely unfreezing and fund return of funds involved in telecommunications network fraud cases, and clarified relevant conditions, procedures and relief measures.
If the public security organ decides to take the above measures in accordance with the law, banking financial institutions and non-bank payment institutions shall cooperate.
Chapter 4 Internet governance
Article 21 Telecommunications business operators and Internet service providers provide users with the following services. When signing an agreement with users or confirming the provision of services, they shall require users to provide real identity information in accordance with the law. If users do not provide real identity information, they shall not provide services:
(I) Provide Internet access services;
(II) Provide network address conversion services such as network agents;
(III) Provide Internet domain name registration, server hosting, space rental, cloud services, and content distribution services;
(IV) Provide information and software publishing services, or provide instant messaging, online transactions, online games, online live broadcast publishing, and advertising promotion services.
Article 22 Internet service providers shall re-verify the fraud-related abnormal accounts identified by monitoring and identifying, and take measures such as restricting functions and suspending services in accordance with relevant national regulations.
Internet service providers shall verify the relevant Internet accounts associated with the telephone cards involved in the case and the abnormal telephone cards involved in fraud according to the requirements of the public security organs and telecommunications authorities, and take measures such as correction within a time limit, restricting functions, suspending use, closing accounts, and prohibiting re-registration according to the risk situation.
Article 23 The establishment of a mobile Internet application shall handle the license or filing procedures with the telecommunications authorities in accordance with relevant national regulations.
If the application provides packaging and distribution services, it shall register and verify the true identity information of the application developer and operator, and verify the functions and uses of the application.
Public security, telecommunications, Internet information and other departments, telecommunications business operators and Internet service providers should strengthen the focus of monitoring and timely handling fraud-related applications downloaded and disseminated by channels other than distribution platforms.
Article 24: If you provide domain name resolution, domain name jump, and URL link conversion services, you shall verify the authenticity and accuracy of domain name registration, parsing information and Internet protocol addresses in accordance with relevant national regulations, standardize domain name jumps, record and retain log information of the corresponding services provided, and support the traceability of the analysis, jump, and conversion records.
Article 25 No unit or individual may provide the following support or help for others to commit telecommunications and network fraud activities:
(I) Sales and provide personal information;
(II) Help others launder money through virtual currency transactions and other means;
(III) Other behaviors that provide support or help for telecommunications and network fraud activities.
Telecommunications business operators and Internet service providers shall fulfill their reasonable obligation of care in accordance with relevant national regulations and monitor, identify and deal with fraud-related support and assistance activities using the following businesses:
(I) Provide network resource services such as Internet access, server hosting, network storage, communication transmission, line rental, domain name resolution;
(II) Provide network promotion services such as information release or search, advertising promotion, and traffic promotion;
(III) Provide network technology and product production and maintenance services such as applications and websites;
(IV) Provide payment and settlement services.
Article 26 If the public security organs obtain evidence in accordance with the law when handling telecommunications and network fraud cases, the Internet service provider shall provide timely technical support and assistance.
When an Internet service provider monitors relevant fraud-related information and activities in accordance with the provisions of this Law, if it finds clues and risk information related to fraud-related crimes, it shall be transferred to the public security, finance, telecommunications, Internet information and other departments in accordance with relevant national regulations and the type and degree of fraud-related risks. Relevant departments shall establish and improve feedback mechanisms and promptly inform the transfer unit of relevant situations.
Chapter 5 Comprehensive Measures
Article 27 Public security organs shall establish and improve a working mechanism to combat and control telecommunications network fraud, strengthen the construction of specialized teams and professional technology, and all police types and local public security organs shall cooperate closely and effectively punish telecommunications network fraud activities in accordance with the law.
Public security organs shall file a case for investigation in accordance with the provisions of the Criminal Procedure Law of the People's Republic of China or investigate it if they receive a report of the telecommunications network fraud activities or discover it.
Article 28 The financial, telecommunications and Internet information departments supervise and inspect the implementation of the provisions of this Law in accordance with their duties by banking financial institutions, non-bank payment institutions, telecommunications business operators, and Internet service providers. Relevant supervision and inspection activities shall be carried out in accordance with the law.
Article 29 Personal information processors shall standardize personal information processing, strengthen personal information protection, and establish a prevention mechanism for personal information to be used for telecommunications network fraud in accordance with the provisions of the " Personal Information Protection Law of the People's Republic of China " and other laws.
departments and units that perform personal information protection responsibilities shall implement key protection for logistics information, transaction information, loan information, medical information, marriage agency information that may be exploited by telecommunications network fraud. When handling telecommunications and network fraud cases, the public security organs should also verify the source of personal information used by the crime and hold relevant personnel and units accountable in accordance with the law.
Article 30 Telecom business operators, banking financial institutions, non-bank payment institutions, and Internet service providers shall carry out anti-telecom network fraud publicity for practitioners and users, provide reminders on preventing telecom network fraud in relevant business activities, promptly remind users of new telecom network fraud methods in this field, and warn of the legal liability for illegal buying, selling, renting, and lending of their own cards, accounts, accounts, etc. for telecom network fraud.
News, radio, television, culture, Internet information services and other units should carry out targeted anti-telecommunication network fraud publicity and education to the society.
Any unit or individual has the right to report telecommunications and network fraud activities. The relevant departments shall promptly handle it in accordance with the law and give rewards and protection to the whistleblower who provides valid information in accordance with the regulations.
Article 31 No unit or individual may illegally buy, sell, rent or lend telephone cards, Internet of Things cards, telecommunications lines, SMS ports, bank accounts, payment accounts, Internet accounts, etc., and shall not provide real-name verification assistance; they shall not impersonate others' identities or make up agency relationships to open the above cards, accounts, accounts, etc.
For units, individuals and relevant organizers who have committed the acts in the preceding paragraph identified by public security organs at or above the municipal level, as well as those who have been criminally punished for engaging in telecommunications and network fraud activities or related crimes, they can be recorded in their credit records in accordance with relevant national regulations, and measures such as restricting their functions such as cards, accounts, and accounts, and stopping non-counter business, suspending new business, and restricting access to the network. If you have any objections to the above identification and measures, you may file a complaint. The relevant departments shall establish and improve complaint channels, credit repair and relief systems. The specific measures shall be stipulated by the Public Security Department of the State Council in conjunction with relevant competent departments.
Article 32 The state supports telecommunications business operators, banking financial institutions, non-bank payment institutions, and Internet service providers to research and develop telecommunications network fraud countermeasures, which are used to monitor, identify, dynamically block and deal with abnormal information and activities involving fraud.
The State Council’s public security department, financial management department, telecommunications department and national Internet information department shall coordinate and be responsible for the construction of countermeasures in the industry, promote the sharing of sample information and data of telecommunications network fraud, strengthen cross-checking of information involving fraud-related users, and establish a monitoring, identification, dynamic blocking and disposal mechanism for fraud-related abnormal information and activities.
In accordance with Articles 11, 12, 18, 22 and the preceding paragraph of this Law, if the disposal measures such as restricting or suspending services are taken for abnormal situations involving fraud, they shall inform the reasons for the disposal, relief channels, and information that need to be submitted, and the object to be disposed of may file a complaint to the department or unit that made the decision or took measures. The departments and units that make the decision shall establish and improve complaint channels, accept complaints in a timely manner and verify them. If the verification is passed, the relevant measures shall be lifted immediately.
Article 33 The state promotes the construction of public services for online identity authentication and supports voluntary use by individuals and enterprises. Telecommunications business operators, banking financial institutions, non-bank payment institutions, and Internet service providers can re-verify user identity through the national network identity authentication public services for telephone cards, bank accounts, payment accounts, and Internet accounts that have abnormalities in fraud.
Article 34 The public security organs shall, together with the finance, telecommunications and Internet information departments, organize banking financial institutions, non-bank payment institutions, telecommunications business operators, Internet service providers, etc. to establish early warning and dissuasion systems, and take corresponding dissuasion measures in a timely manner for potential victims discovered by the early warning according to the situation. In telecommunications and network fraud cases, we should strengthen the recovery of stolen assets and losses, improve the disposal system for funds involved, and promptly return the victim's legal property. If victims who suffer from major difficulties in life meet the relevant national assistance conditions, the relevant parties will provide assistance in accordance with the regulations.
Article 35 After the decision or approval of the State Council’s anti-telecommunication network fraud work mechanism, the public security, finance, telecommunications and other departments may take necessary temporary risk prevention measures in accordance with relevant national regulations for specific areas where telecommunication network fraud activities are serious.
Article 36 For people who go to areas with serious telecommunications and network fraud activities, if they are suspected of major telecommunications and network fraud activities, the immigration management agency may decide not to leave the country.
Personnel who have been criminally punished for engaging in telecommunications and network fraud activities, the public security organs at or above the prefecture-level municipal level may decide not to leave the country within six months to three years from the date of completion of the punishment, and notify the immigration management agency to implement it according to the crime situation and the need to prevent re-offending.
Article 37 The public security department of the State Council, together with diplomatic departments, strengthen international law enforcement and judicial cooperation, establish effective cooperation mechanisms with relevant countries, regions, and international organizations, and improve the level of cooperation in information exchange, investigation and evidence collection, investigation and arrest, recovery of stolen goods and losses through international police cooperation, and effectively crack down on and curb cross-border telecommunications network fraud activities.
Chapter 6 Legal liability
Article 38 If an organization, planning, implementing, participating in telecommunications network fraud activities or providing assistance to telecommunications network fraud activities and constitutes a crime, criminal liability shall be pursued in accordance with the law.
If the act in the preceding paragraph does not constitute a crime, the public security organ shall be detained for not more than ten days and not more than fifteen days; the illegal gains shall be confiscated and a fine of not more than one times but not more than ten times the illegal gains shall be imposed. If there is no illegal gains or the illegal gains are less than ten thousand yuan, a fine of not more than 100,000 yuan shall be imposed.
Article 39 If a telecommunications business operator violates the provisions of this Law and has any of the following circumstances, the relevant competent department shall order it to correct the situation. If the circumstances are minor, it shall be given a warning, criticism, or a fine of not less than RMB 500,000 and not more than RMB 500,000; if the circumstances are serious, it shall be fined not less than RMB 500,000 and not more than RMB 5 million, and the relevant competent department may order it to suspend relevant business, suspend business and rectify, revoke the relevant business license or to revoke the business license , and the directly responsible supervisors and other directly responsible persons shall be fined not less than RMB 10,000 and not more than RMB 200,000:
(I) The country has not been implemented. The internal control mechanism for anti-telecommunication network fraud determined by relevant regulations;
(II) Failure to perform real-name registration duties for telephone cards and IoT cards;
(II) Failure to perform monitoring, identification, monitoring and early warning and related disposal responsibilities for telephone cards and IoT cards;
(IV) Failure to conduct risk assessments on IoT card users, or to limit the activation functions, usage scenarios and applicable equipment of IoT cards;
(V) Failure to take measures to monitor and deal with changing phone numbers, false callers or illegal devices with corresponding functions.
Article 40 If a banking financial institution or non-bank payment institution violates the provisions of this Law and has any of the following circumstances, the relevant competent department shall order the correction. If the circumstances are minor, a warning or criticism shall be given, or a fine of not less than RMB 500,000 and not more than RMB 500,000; if the circumstances are serious, a fine of not less than RMB 500,000 and not more than RMB 5 million shall be imposed, and the relevant competent department may order the person directly responsible for the addition of new business, reducing the business type or business scope, suspending related business, suspending business rectification, revoking relevant business licenses or revoking business licenses, and the supervisors and their directly responsible persons and their He is directly responsible for the person who will impose a fine of not less than RMB 10,000 and not more than RMB 200,000:
(I) Failure to implement the internal control mechanism for anti-telecom network fraud determined by relevant national regulations;
(II) Failure to fulfill due diligence obligations and relevant risk management measures;
(III) Failure to fulfill risk monitoring and related disposal obligations for abnormal accounts and suspicious transactions;
(IV) Failure to transmit relevant transaction information in full and accurate in accordance with the regulations.
Article 41 If a telecommunications business operator or Internet service provider violates the provisions of this Law and encounters any of the following circumstances, the relevant competent department shall order it to correct the situation. If the circumstances are minor, it shall be given a warning or criticism, or a fine of not less than RMB 500,000 and not more than RMB 500,000; if the circumstances are serious, it shall be fined not less than RMB 500,000 and not more than RMB 5 million, and the relevant competent department may order it to suspend relevant business, suspend business and rectify, or close it. Websites or applications, revoked relevant business licenses or revoked business licenses, and the directly responsible supervisors and other directly responsible persons shall be fined not less than RMB 10,000 and not more than RMB 200,000:
(I) Failure to implement the internal control mechanism of anti-telecom network fraud determined by relevant national regulations;
(II) Failure to perform the real-name responsibility of network services, or fail to close the telephone card involved in the case or fraud
(III) Failure to verify the authenticity and accuracy of domain name registration, parsing information and Internet protocol addresses in accordance with relevant national regulations, standardize domain name jumps, or record and retain log information of the corresponding services provided;
(IV) Failure to verify the true identity information of the mobile Internet application developer or the application is not verified , and provide application packaging and distribution services for it;
(V) fails to fulfill its obligations to monitor, identify and deal with fraud-related Internet accounts and applications, as well as other telecommunications network fraud information and activities;
(V) refuses to provide technical support and assistance for investigating and punishing telecommunications network fraud crimes in accordance with the law, or fails to transfer relevant illegal and criminal clues and risk information in accordance with the regulations.
Article 42 If the provisions of Article 14 and Article 25 of this Law are confiscated, the illegal gains shall be imposed, and the public security organ or the relevant competent department shall impose a fine of not more than one times but not more than ten times the illegal gains. If there is no illegal gains or the illegal gains are less than 500,000 yuan, the fine shall be imposed not less than 500,000 yuan; if the circumstances are serious, the public security organ shall be detained for not more than 15 days.
Article 43 Violating the provisions of Article 25, paragraph 2 of this Law, the relevant competent department shall order the correction. If the circumstances are minor, the warning or criticism shall be given, or the fine shall be imposed of not less than RMB 500,000 and not more than RMB 500,000; if the circumstances are serious, the fine shall be imposed of not less than RMB 500,000 and not more than RMB 5 million, and the relevant competent department may order the relevant business to suspend business, suspend business and rectify the website or application, and the directly responsible supervisors and other directly responsible persons shall be imposed on the fine of not more than RMB 10,000 and not more than RMB 200,000.
Article 44 If the violation of the provisions of Article 31, paragraph 1 of this Law, the illegal gains shall be confiscated, and the public security organ shall impose a fine of not more than one times but not more than ten times the illegal gains. If there is no illegal gains or the illegal gains are less than 200,000 yuan, the fine of not more than 200,000 yuan shall be imposed; if the circumstances are serious, the detention shall be imposed for not more than 15 days.
Article 45 If staff of relevant departments and units in anti-telecommunications network fraud abuse their power, neglect their duties, , engage in favoritism, or commit other acts that violate the provisions of this Law, and constitute a crime, they shall be held criminally liable in accordance with the law.
Article 46 If an illegal and criminal person who organizes, plans, implements, participates in telecommunications network fraud activities or provides relevant assistance to telecommunications network fraud activities, in addition to bearing criminal responsibility and administrative responsibility in accordance with the law, and causes damage to others, he shall bear civil liability in accordance with the provisions of the " Civil Code of the People's Republic of China " and other laws.
Telecommunications business operators, banking financial institutions, non-bank payment institutions, Internet service providers, etc. who violate the provisions of this Law and cause damage to others shall bear civil liability in accordance with the provisions of the Civil Code of the People's Republic of China and other laws.
Article 47 In performing its anti-telecommunication network fraud duties, the People's Procuratorate may file a public interest lawsuit with the People's Court in accordance with the law for acts that infringe on national interests and social public interests.
Article 48 If the relevant units and individuals are dissatisfied with the decision of administrative penalties made in accordance with this Law, they may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
Chapter 7 Attachment
Article 49 The relevant management and responsibility systems involved in anti-telecommunication network fraud work, if there is no provision in this Law, the relevant legal provisions such as " Cybersecurity Law of the People's Republic of China", "Personal Information Protection Law of the People's Republic of China", "Anti-money laundering Law of the People's Republic of China" shall apply.
Article 50 This Law shall come into force on December 1, 2022.
Source: Rule of Law Daily
