20世纪90年代,电信网络诈骗犯罪开始在中国出现,后大肆蔓延泛滥,大量公民被骗。中国的最高领导人对此高度重视,要求坚持以人民为中心,注重源头治理、综合治理,坚持齐抓共管、群防群治,坚决遏制此类犯罪高发多发态势。中国政府坚持守正创新,坚持问题导向,坚持系统观念,不断探索电信网络诈骗犯罪的打击治理之路,以前所未有的力度深入推进各项工作,取得了前所未有的历史性成就。2021年,中国破获电信网络诈骗案件数是5年前的5倍。自2021年6月起,此类案件在中国连续17个月同比下降,高发多发态势得到有效遏制。今天,放眼全球,电信网络诈骗犯罪正在世界各国快速发展蔓延,成为世界公害,也成为全球性打击治理难题。我们怎么办?面对这一“世界之问”,中国用成功实践探索出破解难题的中国方案:坚持以人民为中心,全面加强“四专两合力”建设。

加强专题研究,法律制度不断完善

电信网络诈骗犯罪是一项复杂的社会治理难题。多元化、各层次、全方位的专题研究,是有的放矢、精准高效开展打击治理工作的必要前提,是谋事之基、成事之道。

——研究制定政策文件。中国政府在专题研究基础上,先后出台《关于加强打击治理电信网络诈骗违法犯罪工作的意见》《关于防范和打击电信网络诈骗犯罪的通告》《关于加强支付结算管理防范电信网络新型违法犯罪有关事项的通知》《运用大数据推进防范治理电信网络诈骗犯罪长效机制建设的工作方案》《电信网络新型违法犯罪案件冻结资金返还若干规定》等一系列规范性政策文件。

——研究出台法律意见。针对打击治理电信网络诈骗犯罪法律问题,中国最高人民法院、最高人民检察院、公安部联合出台《关于办理电信网络诈骗等刑事案件适用法律若干问题的意见(一)(二)》等系列法律指导意见。2022年9月,中国《反电信网络诈骗法》正式出台,为打击治理工作提供了强有力法律支撑。

——加强犯罪规律及对策研究。中国政府建成了公安、通讯、金融、互联网等重点领域以及院校、科研院所、学协会等多元化的研究体系,始终紧盯犯罪手法变化,制定打击治理对策;紧盯犯罪群体变化,加强整治措施研究;紧盯受骗群体变化,加强精准预警、宣传防范对策研究。2021年,中国政府成立全国新型犯罪研究中心和11个分中心,不断加强犯罪新手段、新问题、新动向、新态势研究,始终掌握打击治理的主动权。

加强专门队伍,能力水平不断提升

电信网络诈骗犯罪是专业化的跨国有组织犯罪,中国政府坚持“以专治专”,成立专门机构、充实专门力量、加强专业培训,打击治理电信网络诈骗犯罪能力水平实现跨越式提升。

——建设四级反诈中心。中国成立集专业人才、专业手段、专业设备、专业能力于一体的“国家反诈中心”和8个国家级分中心,推动各省、市、县建立相应的反诈中心。

——充实反诈专门力量。中国警方按照“警力跟着警情走”的原则,根据本地电信网络诈骗发案形势,不断充实反诈专门队伍。同时,中国金融、通讯、互联网等主管部门,也确定专门力量负责反诈工作,专门队伍不断扩大。

——建立反诈专家队伍。中国政府组建打击治理电信网络诈骗犯罪国家级智库和专家队伍,评选各行各业专家委员;中国警方分梯队、分层次评选特邀刑侦专家、反诈专家和人才能手,为反诈工作提供坚强有力的人才保障和智力支撑。

——加强反诈专业培训。中国政法、金融、通讯、互联网主管部门,举办打击治理电信网络诈骗犯罪各类专业培训1万余次。2021年,中国刑警学院率先开设侦查学专业电信网络诈骗侦查方向,并于同年9月招录了首批本科生,开启公安院校持续培养反诈专业化人才的道路。

加强专案攻坚,打击震慑不断强化

打击是最好的防范。中国警方始终对电信网络诈骗犯罪保持严打高压态势,近年来,公安部连续部署开展“全国公安机关打击电信网络诈骗犯罪云剑行动”,组织全国公安机关出重拳、下狠手,向电信网络诈骗犯罪发起凌厉攻势,取得显著战果,形成强有力震慑。

——严厉打击跨国诈骗。中国在尊重各国主权基础上积极开展打击电信网络诈骗国际执法司法合作。中国警方应邀先后赴20余个国家和地区,在所在国执法司法部门的大力支持下,依法通过引渡等执法司法合作手段将犯罪嫌疑人押解回国。

——严厉打击骨干头目。部署开展“拔钉”行动,依法缉捕和惩处电信网络诈骗集团骨干头目,对其中危害极大的犯罪嫌疑人发布公安部A级通缉令。截至目前,已有近百名电信网络诈骗集团骨干头目到案。

——严厉打击突出犯罪。针对被骗金额大的重点案件,组织开展大案攻坚,对特别重大案件直接由中国公安部组织侦办;针对刷单返利、网络贷款、网络购物、网络投资等案件高发的情况,成立打击高发类案指挥部,开展集群打击;针对“电话卡”“银行卡”被大量用于电信网络诈骗犯罪的情况,部署开展“断卡”行动,极大增加犯罪成本;针对组织招募人员赴境外从事诈骗活动的情况,部署开展“断流”行动,重点打击幕后组织者,不断挤压诈骗集团生存空间。

——严厉打击黑灰产犯罪。中国警方紧跟形势变化,不断创新打击方式。针对引流推广、技术开发、转账洗钱、服务器租赁、域名转售等各类电信网络诈骗黑灰产犯罪,部署开展全国范围内的“区域会战”。公安、通讯、金融和互联网等多部门集合全国优势资源,定向研判犯罪线索,组织开展集中打击,实现了规模打击效能最大化。

加强专业技术,工作效能不断提高

电信网络诈骗犯罪是专业化高科技犯罪,诈骗集团利用区块链、虚拟货币、AI智能、GOIP等新技术新业态,不断更新升级犯罪手法,在通讯网络和转账洗钱等方面与我攻防对抗不断加剧。中国政府高度重视反诈专业技术研究和应用,坚持与诈骗集团斗智斗勇,不断调整打击防范措施,始终保持主动权,打赢了一场又一场专业技术攻坚仗。

——强化技术防范。中国公安、金融、通信、互联网等部门健全完善风险防控机制,提升预警发现和防范处置能力,对诈骗电话、短信、域名网址、网络账号开展技术防范工作。

——强化预警提示。坚持打防并举、防范为先,利用大数据、云计算等专业技术,及时发现受害人,实施精准提示。中国政府开通96110专线电话、12381短信平台,大力提升预警提示效能,成功避免大批民众被骗。

——加强专业实验室建设。中国警方大力推进智慧公安建设,充分发挥刑事科学技术支撑优势,全面提升资金流、信息流、网络流的研判取证能力,为打击治理电信网络诈骗犯罪提供了强有力的技术支撑。

抓好内部合力,全社会反诈工作格局初步形成

中国政府始终坚持以人民为中心,统筹发展和安全,注重源头治理、综合治理,坚持齐抓共管、群防群治,坚持广泛动员、发动群众,构建了“政府主导、部门主责、行业监管、有关方面齐抓共管、社会各界广泛参与”的全社会反诈工作格局。

——政府成立多部门参与的反诈工作机制。中国国务院批准建立由公安部牵头、25个部门单位共同参与的国务院打击治理电信网络新型违法犯罪工作部际联席会议制度,省、市、县3级政府也建立本级联席会议机制,创新构建全社会反诈工作格局。

——公安机关建立全警反诈工作机制。中国公安机关内部形成了三个有效合力:上下高效联动的纵向合力、各地通力协作的区域合力、各警种密切配合的横向合力。职责清晰、紧密衔接、整体联动、运转高效的全警反诈工作体系已经建成。

——信息通讯行业全面投入反诈工作。中国工业和信息化部部署信息通信行业组建部、省、企三级反诈工作专班,排查处置一大批涉诈电话卡和互联网账号。制定电信企业、互联网企业反诈责任清单,综合运用考核问责、通报约谈、挂牌督办等措施督促落实,压紧压实企业责任。

——金融行业监管力度不断加大。中国人民银行和银保监会部署金融行业建立支付体系反诈防控制度,建立账户分类分级管理体系,夯实账户实名制,建全涉诈风险监测机制。协助公安机关打击买卖账户行为,将涉诈作为监管“红线”,将银行业金融机构、支付机构涉诈情况纳入监管考核。

——全社会开展反诈宣传防范。中宣部、外交部、教育部、工信部、人民银行等部门充分发挥职能作用,组织开展进社区、进农村、进家庭、进学校、进企业等“五进”宣传活动。先后开展主题宣传活动1.3万场次,发放宣传资料6.9亿份,发送公益短信30.7亿条。2021年,“国家反诈中心”官方政务号累计发布视频8460条,播放量达47.2亿次,人民群众识骗防骗能力明显提升,形成全社会反诈的浓厚氛围。

促成外部合力,国际执法司法合作不断加强

全球化时代,没有任何一个国家能够独善其身。面对严峻复杂的跨国电信网络诈骗犯罪形势,各国重打击、谋治理、求合作的意愿十分强烈。2010年,中国警方首次与菲律宾警方开展国际执法合作,捣毁了“11.30”特大跨国电信网络诈骗犯罪集团。之后,中国政府始终致力于履行国际义务,积极推进国际执法合作,不断贡献中国智慧、中国方案和中国力量,努力促成世界各国携手打击治理电信网络诈骗犯罪的强大合力。

——在亚非方向,中国先后与柬埔寨、菲律宾、阿联酋、肯尼亚等多国开展打击电信网络诈骗犯罪执法合作,积累了成功经验,形成了良好机制。

——在欧洲方向,2016年,中国与西班牙警方联合开展“长城行动”,成功捣毁13个电信网络诈骗犯罪集团,抓获犯罪嫌疑人237名,成功将225名嫌疑人引渡回中国,成为国际执法合作的典范。2018年,中国公安部专赴欧盟警察署,交流“长城行动”经验,商议参照此模式开展中国与欧洲国家的执法合作。

——在多边领域,2022年3月至6月,中国警方在国际刑警组织框架下,与76个成员国警方共同参与反诈“曙光行动”,捣毁设在多国的诈骗窝点1770个,逮捕犯罪嫌疑人2000余名,拦截非法资金5000余万美元。

事非经过不知难,成如容易却艰辛。近年来,中国打击治理电信网络诈骗犯罪工作实现一系列突破性进展,取得一系列标志性成果,中国的打击治理形势不断向好。实践充分证明,“坚持以人民为中心,全面加强‘四专两合力’建设”的中国方案是完全正确的,中方愿向各国分享做法和经验,共同应对解决跨国电信网络诈骗犯罪难题,为构建普遍安全的人类命运共同体而不懈奋斗。

Successful Anti-Fraud Practice in China

Telecom and online fraud began to appear in China in the 1990s and has thereafter spread wildly and affected a large number of citizens. China's top leaders have been paying high attention to this issue, requiring adhering to a people-centered approach, paying attention to governance at the source and comprehensive governance, sticking to joint action and mass prevention and governance and resolutely curbing the trend of frequent occurrences of such crimes. The Chinese government adheres to upholding fundamental principles and breaking new ground, problem orientation and systems thinking, continuously explores the path of cracking down on crimes of telecom and online fraud and advances various tasks in depth with unprecedented efforts, which has led to unprecedented historical achievements. The number of telecom and online fraud cases solved in China in 2021 was five times that of five years ago. The incidence of such cases in China has declined year on year for 17 consecutive months since June 2021, showing effective curbing of the trend of frequent occurrences. In the world today, crimes of telecom and online fraud are rapidly developing and spreading in various countries and have become a worldwide common danger and a global problem to solve. What shall we do China has explored a Chinese solution to this global problem through successful practice:adhering to the people-centered approach and comprehensively strengthening the development of special research, special teams, special case solving and expertise as well as internal synergy and external synergy.

Strengthening special research tocontinuouslyimprove the legal system

Crimes of telecom and online fraud represent a complex social governance problem. Diversified, all-round special research at various levels is the prerequisite for the targeted, accurate and efficient crackdown work and is the basis of planning and a precondition for success.

-Policy documents have been researched and formulated. Based on special research, the Chinese government has successively introduced a series of normative policy documents such as the Opinions on Strengthening the Work of Cracking down on and Controlling Crimes of Telecom and Online Fraud, the Announcement on Preventing and Cracking down on Crimes of Telecom and Online Fraud, the Notice on Matters concerning Strengthening the Administration of Payment and Settlement and Preventing New-Type Illegal and Criminal Telecom and Online Activities, the Work Plan for Advancing the Construction of a Long-term Mechanism for Preventing and Controlling Crimes of Telecom and Online Fraud Using Big Data and the Several Provisions on the Return of Frozen Funds Involved in Cases of New-Type Violations of Laws and Crimes Related to Telecommunications Networks.

-Legal guiding opinions have been researched and introduced. In order to crack down on crimes of telecom and online fraud, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security jointly introduced the Opinions (I) and (II) on Several Issues concerning the Application of Law in the Handling of Telecom and Online Fraud and other Criminal Cases. China's Law on Combating Telecom and Online Fraud was officially introduced in September 2022 to provide strong legal support for the crackdown work.

-Research on the patterns of crimes and countermeasures has been strengthened. The Chinese government has built a diversified research system in key areas such as public security, communications, finance and the Internet involving colleges and universities, research institutes and societies and associations to keep an eye on changes in modus operandi and formulate corresponding crackdown countermeasures, keep an eye on changes in criminal groups and strengthen corresponding research on rectification measures, and keep an eye on changes in defrauded groups and strengthen corresponding research on accurate early warning and publicity and prevention countermeasures. In 2021, the Chinese government established the National Center for Study of New Types of Crimes and 11 sub-centers to continuously strengthen research on new criminal means, new problems, new trends and new situations and always take the initiative in cracking down on the crimes.

Strengthening special teams to continuously improve their capabilities and levels

Crimes of telecom and online fraud are specialized transnational organized crimes, therefore, the Chinese government adheres to cracking down on such specialized crimes through special means. It has established special agencies, replenished special forces and strengthened specialized training to realize leapfrog improvement in capabilities and levels of cracking down on telecom and online fraud.

-Four-tiered anti-fraud centers have been established. China has set up a National Anti-Fraud Center and eight national sub-centers that integrate professional talents, professional means, professional equipment and professional capabilities and encouraged provinces, cities and counties to establish corresponding anti-fraud centers.

-Special anti-fraud forces have been replenished. According to the principle of deploying police forces based on the extent of emergencies, Chinese police continue to replenish special anti-fraud teams depending on the local incidence of telecom and online fraud cases. At the same time, Chinese competent departments for finance, communications, the Internet, etc. have designated special forces to take charge of anti-fraud work, and their teams are constantly expanding.

-Anti-fraud expert teams have been set up. The Chinese government has set up a national think tank and expert team to crack down on telecom and online fraud and selected expert members from all walks of life; Chinese police have selected invited criminal investigation experts, anti-fraud experts and talented and competent people according to different teams and levels to provide strong talent guarantee and intellectual support for anti-fraud work.

-Anti-fraud specialized training has been strengthened. Chinese procuratorial, judicial and public security departments and competent departments for finance, communications and the Internet have held more than 10,000 various specialized training sessions on cracking down on crimes of telecom and online fraud. In 2021, the Criminal Investigation Police University of China took the lead in launching the telecom and online fraud investigation direction of the Science of Criminal Investigation major and enrolled the first group of undergraduates in September of the same year, which has blazed a trail for public security colleges and universities to cultivate specialized anti-fraud talents.

Strengthening special case solving to continuously strengthen crackdown and deterrence

Crackdowns are the best prevention. Chinese police have maintained severe combat against crimes of telecom and online fraud. In recent years, the Ministry of Public Security has continued to deploy and launch the Cloud Sword Operation of National Public Security Organs on Combating Crimes of Telecom and Online Fraud in which public security organs in China are organized to severely combat crimes of telecom and online fraud, which has achieved remarkable results and formed strong deterrence.

-Transnational fraud has been severely cracked down on.China actively conduct law enforcement and judicial cooperation on the basis of respecting each country’s sovereignty in combating fraud.Chinese police have been invited to more than 20 countries and regions.With the strong support of the law enforcement and judicial authorities of the host contries,Chinese police escorted Chinese fraud suspects through extradition and other means of law enforcement.

-Core members and heads have been severely cracked down on. The Nail Pulling operation has been deployed and launched to arrest and punish the core members and heads of telecom and online fraud groups, and Class-A Wanted Orders of the Ministry of Public Security have been issued against criminal suspects with great harm among them. Nearly 100 core members and leaders of telecom and online fraud groups have so far been arrested.

-Serious crimes have been severely cracked down on. Major case solving work has been organized for major cases involving large defrauded amounts, and particularly major cases have been directly investigated by the Ministry of Public Security of China; for frequently-occurring cases such as rebates for false purchases, online loaning, online shopping and online investment, command posts for frequently-occurring cases have been established to crack down on them; for circumstances in which large numbers of phone cards and bank cards are used for telecom and online fraud, the card cutting campaign has been deployed and launched to greatly increase the cost of crime; for circumstances in which people are organized and recruited to engage in fraudulent activities overseas, the flow cutting campaign has been deployed and launched to focus on cracking down on the organizers behind the scenes and continuously squeeze the survival space of fraud groups.

-Black market crimes have been severely cracked down on. Keeping up with the changing situation, Chinese police continue to innovate crackdown methods. For various black-market crimes of telecom and online fraud such as traffic attraction for promotion, technology development, money transfer for laundering, server leasing and domain name resale, nationwide regional battles have been deployed and launched. Public security, communications, finance and Internet departments have pooled nationwide superior resources, determined crime clues in a targeted manner and organized centralized crackdowns to maximize the effectiveness of large-scale crackdowns.

Strengthening expertise to continuously increase the working efficiency

Crimes of telecom and online fraud are specialized high-tech crimes in which fraud groups continue to update and upgrade their modus operandi using new technologies and new business forms, such as blockchain, virtual currencies, AI and GOIP, to increasingly attack or defend themselves against and confront us in aspects such as communication networks and money transfer for laundering. The Chinese government pays high attention to the research and application of anti-fraud expertise, sticks to fighting fraud groups and continues to adjust crackdown and prevention measures and has kept the initiative and won expertise battles one after another.

-Technical prevention has been strengthened. Chinese public security, financial, communications and Internet departments have improved the risk prevention and control mechanism and improved early warning, identification, prevention and handling capabilities to conduct technical prevention work related to fraudulent phone calls, SMS, domain names and websites and network accounts.

-Early warnings and alerts have been strengthened. “Laying equal stress on crackdown and prevention and putting prevention first are adhered to. Big data, cloud computing, etc. have been used to timely identify victims and give precise alerts. The Chinese government has opened the 96110 hotline and the 12381 SMS platform, which have effectively improved the effectiveness of early warnings and alerts and successfully prevented a large number of people from being defrauded.

-The development of specialized laboratories has been strengthened. Chinese police vigorously advance the building of smart public security, give full play to the advantages of criminal science and technology support and comprehensively improve their analysis and evidence collection capabilities related to capital flow, information flow and network flow, which provides strong technical support for cracking down on crimes of telecom and online fraud.

Advancing internal synergy to initially form a society-wide anti-fraud work pattern

The Chinese government always adheres to a people-centered approach, coordinates development and security, pays attention to governance at the source and comprehensive governance, sticks to joint action and mass prevention and governance and insists on the extensive mobilization of the masses. It has established a society-wide anti-fraud work pattern in which “the work is led by the government, primary responsibilities are taken by related departments, regulation is conducted by industries, joint actions are taken by relevant sides and all sectors of society are involved”.

-An anti-fraud working mechanism involving multiple departments has been established by the government. The State Council of China has approved the establishment of an inter-ministerial joint meeting system led by the Ministry of Public Security and participated in by 25 departments and entities to crack down on new-type violations of laws and crimes related to telecommunications networks. Governments at the provincial, municipal and county levels have also established their own joint meeting mechanisms to create an innovative anti-fraud work pattern in the whole society.

-A whole-police-force anti-fraud working mechanism has been established by public security organs. Three kinds of effective synergy have been formed within China's public security organs vertical synergy with efficient linkage at various levels, regional synergy with full collaboration across the country and horizontal synergy with close cooperation among various types of police forces. A whole-police-force anti-fraud working mechanism with clear responsibilities, close coordination, overall linkage and efficient operation has been established.

-Anti-fraud work has been fully launched in the information and communication industry. The Ministry of Industry and Information Technology of China (MIIT) has arranged the information and communication industry to set up anti-fraud special work teams at the ministerial, provincial and enterprise levels to investigate and handle a large number of fraud-involved phone cards and Internet accounts. The MIIT has also developed the anti-fraud responsibility list of telecommunications enterprises and Internet enterprises and urged them to implement the responsibilities through measures such as assessment and accountability, notification and interviews and supervision and handling, so as to ensure their performance of responsibilities.

-Regulation has been tightened in the financial industry. The People's Bank of China and the China Banking and Insurance Regulatory Commission have arranged the financial industry to establish an anti-fraud prevention and control system for the payment system and a categorized and classified management system of accounts, strengthen the real-name account system and improve the monitoring mechanism for fraud risks. They have assisted public security organs in cracking down on the transactions of accounts, made fraud involvement a regulatory red line and included the fraud involvement situation of banking financial institutions and payment institutions in regulatory assessments.

-Anti-fraud publicity and prevention have been launched in the whole society. The Publicity Department of the CPC Central Committee, the Ministry of Foreign Affairs, the Ministry of Education, the Ministry of Industry and Information Technology, the People's Bank of China, etc. have fully exerted their functions and roles and organized publicity on combating telecom and online fraud at communities, rural areas, families, schools and enterprises. They have successively launched 13,000 theme publicity activities, distributed 690 million copies of publicity materials and sent 3.07 billion public welfare text messages. The National Anti-Fraud Center official government accounts cumulatively posted 8,460 videos with a total of 4.72 billion views in 2021, which significantly improved people's ability to identify and prevent fraud and created a strong anti-fraud atmosphere in the whole society.

Facilitating external synergy to continuously strengthen international law enforcement and judicial cooperation

In the era of globalization, no country can remain insulated. In the face of the serious and complex situation of transnational telecom and network fraud, the willingness of countries to strengthen crackdowns, seek control and pursue cooperation is very strong. In 2010, the first international law enforcement cooperation between Chinese police and Philippine police smashed the 11.30 extra-large transnational telecom and online fraud criminal group. Thereafter, the Chinese government has been committed to fulfilling its international obligations, actively advancing international law enforcement cooperation, continuously contributing Chinese wisdom, Chinese solutions and Chinese strength and working to facilitate strong synergy among countries to crack down on crimes of telecom and online fraud.

-In the Asia-Pacific region and Africa, China has successively conducted law enforcement cooperation with Cambodia, the Philippines, the United Arab Emirates, Kenya, etc. to crack down on crimes of telecom and online fraud, accumulating successful experience and forming good mechanisms.

-In Europe, Operation Great Wall conducted between Chinese police and Spanish police in 2016 successfully smashed 13 telecom and online fraud criminal groups, arrested 237 suspects and extradited 225 suspects to China, which became a model of international law enforcement cooperation. In 2018, staff of the Ministry of Public Security of China visited Europol to exchange experience on Operation Great Wall and discuss law enforcement cooperation between China and European countries with reference to this model.

-In the multilateral sphere, Chinese police participated in the anti-fraud Operation First Light with the police of 76 member states within the framework of INTERPOL from March to June 2022, which smashed 1,770 fraud hideouts in multiple countries, arrested more than 2,000 suspects and intercepted more than USD 50 million of illegal funds.

We will not know how hard a thing is unless we first experience it. Crackdowns on crimes of telecom and online fraud have made a series of breakthroughs and landmark results in recent years and the situation is getting better in China. Facts have proved that the Chinese solution of adhering to the people-centered approach and comprehensively strengthening the development of special research, special teams, special case solving and expertise as well as internal synergy and external synergy is correct. China is willing to share its practices and experience with other countries, so as to jointly solve the problem of transnational telecom and online fraud and build a universally secure human community with a shared future.