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Expert: To Cut Off The Chain Of "Identity Crime", We Need To Improve Criminal Legislation.

2011/9/26 10:40:00 37

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Cut Off The Chain Of "Identity Crime" Criminal Legislation

Stealing identity information and posing as another person's status in order to make profits in "new" status

Cutting off the chain of "identity crime" needs perfecting criminal law

legislation

In September 19th, the Beijing police announced the arrest of a criminal gang specializing in the sale of personal information on the Internet.

In the suspect's computer, the police discovered a database of tens of millions of citizens' personal information across the country.

When the police cracked the encrypted database, it was found that only by conditional search, the screen would jump out of citizen's name, age, address, name of the vehicle and other detailed information.

The case police tried to input his cell phone number into the database. After a few seconds, a large amount of information related to the number was displayed on the screen.

Some experts have suggested that in recent years, with the development of network information technology and e-commerce, the benefits and interests carried by the identity are increasing day by day, which leads to infringement and even criminal cases of stealing and trading other person's identity information. The phenomenon of identity theft and its secondary identity theft become a social problem to be solved urgently.

Identity theft is surging

In the case that Beijing police cracked in September 19th, according to the suspect Zhao, he had accidentally learned about personal information pactions in 2007 when he chatted with netizens.

Under the notice of netizens, Zhao bought 1000 personal information from a QQ group for 100 yuan, then sold it to another group of buyers at 200 yuan, and 100 yuan arrived easily.

After that, he began to specialize in the business of information trading.

Two years later, Zhao bought a high-end car with the money he earned from selling information.

Like Zhao, who runs this "no money making business" is now a minority.

Casually buying and selling personal information in search engines can be found everywhere in public security organs.

There is no need for more data to support the proliferation of theft and personal information pactions.

information

The feeling of being stolen.

Some experts believe that the Internet, banks, telecommunications companies, traffic control departments, hospitals, insurance companies, real estate agents, post offices, etc., these places are not only the demand side of citizens' personal information, but also the providers of personal information.

In addition, specialized intermediaries operate in them, and citizens' personal information is repeatedly betrayed in this supply and demand network, but there is nothing they can do about it.

The pace of personal information security crisis is approaching step by step.

On the one hand, because of the relatively simple and low cost of obtaining identity information in the information society, illegal and criminal acts of theft of identity information have begun to increase. On the other hand, with the personal identity information carrying more and more social contents and interests, the identity of any ordinary public can be used as a means to seek a convenient and comfortable life, and can even serve as a "pass" for committing a crime, and the crime of identity begins to explode.

Yu Zhigang, a professor at the school of criminal justice of China University of Political Science and Law, said in an interview with the Legal Daily reporters.

Information trading convenience "identity theft"

The impact of identity theft on citizens is often only in daily life, and the identity theft which is associated with it is the biggest harm to citizens' personal information loss.

"Identity information crime is often the preparatory act of identity crime, and it must be prepared for identity counterfeiting.

Committing a crime

Tool.

After obtaining the identity information of the victim, counterfeiting the identity of others by means of falsification and forgery of information.

Finally, it is often the use of other people's identity to carry out various illegal and criminal acts, including identity fraud is one of the behavior.

Yu Zhigang told the Legal Daily reporters that identity information is like the key in the hands of a car thief. With the increasingly rampant online personal identity information pactions, the difficulty of "identity theft" has been greatly reduced, which has greatly promoted the rapid growth of "identity theft" offenses.

"Legal Daily" reporter learned that in recent years, "identity theft" has developed into one of the serious crimes in the world. According to the statistics of the Federal Trade Commission, in the year 2002 alone, 9 million 900 thousand people in the United States were embezzled, resulting in losses of 53 billion dollars to individuals and banks.

In China, the case of identity theft is not unfamiliar to the public.

The famous Luo Caixia case is an example. After being admitted to the college entrance examination in 2004, Luo Caixia, a girl in Shaoyang, Hunan, was not admitted to any university. Instead, her classmate Wang Jiajun was admitted to the ideological and political education major of Guizhou Normal University.

Luo Caixia was forced to study in Tianjin Normal University a year later. In 2008, Wang Jiajun graduated smoothly.

Luo Caixia, who should have graduated in the same year, had to face a series of problems such as the cancellation of teacher's qualification certificate due to theft of identity cards.

Such cases include "Qi Yu Ling" case, "Wang Xiao incident" and "AIDS girl" incident. Its influence has repeatedly challenged public nerves.

Yu Zhigang made a special study of it. He told the Legal Daily reporters that at present, illegal theft and theft of identity theft in China are turning from the theft of state organs to the general public identity on the theft target. The motive of crime is also changing from simple money seeking to humiliation, libel, enrollment and employment.

Such behavior not only seriously endangers the safety of citizens and property, but also improves the difficulty of detection of traditional crimes and may become a new criminal inducement.

Lack of legal support for cracking down on "status crime"

Although the number of identity theft cases has increased rapidly in recent years and its social harmfulness is increasing, experts are troubled that so far there have been no criminal judgments in such cases.

In Zhigang's view, this is "a direct conflict between the lag of the current criminal law".

"To reduce such cases, the biggest problem is whether we have seriously investigated and punished the information pactions.

The crime of embezzlement of identity information is very heavy, and embezzlement of a person's identity means that all social wealth including this person may be misappropriated.

Therefore, embezzlement of identity information should not be a common crime, and the criminal law should be pulled to its proper height.

Wang Taiyuan, a professor of public security at Chinese People's Public Security University, said in an interview with the Legal Daily reporters.

According to Yu Zhigang, the criminal law amendment (seven) has set up the crime of "illegally obtaining personal information of citizens" and "selling and illegally providing personal information of citizens", which will be guilty of stealing specific personal information including "identity information". The purpose is to effectively deal with the social reality of more and more serious illegal leakage, illegal acquisition and illegal use of citizens' private information, which is a powerful means to cut off the "identity information" crime industrial chain.

However, there is still a lack of attention in the criminal law for subsequent "identity theft".

"The objective function of merely combating illegal access to information is extremely limited, because the application of this provision is only to crack down on the sale, illegal provision and illegal access of personal information, not only against identity theft after obtaining legal personal information, but also for the criminals who have committed the subsequent act of identity theft, they still only attack the preparatory action of" illegal access to identity information "and appear to be neither fish nor fowl.

Yu Zhigang said.

In addition to cracking down on illegal acquisition, the current criminal law can only crack down on the subsequent acts of identity theft.

Such as "signing contracts in the name of others", "using false identity cards to deceive credit cards" and so on.

"But if there is no follow-up crime, criminal evaluation can not be carried out.

At this point, no matter how serious the act of stealing personal identity is completely divorced from the radius of the criminal law, in most cases, identity theft may be completely separated from and separated from the subsequent criminal acts committed by the perpetrator.

Yu Zhigang said.

In Zhigang's view, "identity theft", "identity theft" and the subsequent crime of stealing identity are the three chains of "identity crime".

In order to really control such cases, we must build an independent citizenship protection system in the future criminal legislation and add a separate "identity theft" charge.