Original title
Protect individual information, go under sb else's name of prevention and cure " the sea is naughty "
Outpatient service problem
How to prevent and cure risk undertake with other identity information the sea is cleaned out
Outpatient service expert
Zhang Huaicai of inquisitor of procuratorate of people of Ningxia Hui Autonomous Region
Beijing grand installs Zheng Lei of attorney office solicitor
Expert viewpoint
◇ is risked undertake with other identity information the sea is cleaned out stand more than account repeatedly, it is safety of citizen individual information custom of condition electron commodity is crossed to supervise below protective not do one's best and big data setting do not superintend with taxation reach the designated position.
◇ is risked undertake with other identity information the sea is cleaned out, the clue is serious, be suspected of forming violate blame of citizen individual information and crime of dodge a tax.
◇ builds much branch to execute the law linkage mechanism, abound superintendency method ceaselessly, advance information to share, superintend interactive, form resultant force, make the credence of of all kinds enterprise transparent, but date from, can check.
Recently, according to report of CCTV finance and economics, individual " the sea is naughty " the forehead spends the phenomenal common occurance that is embezzled, such operation is not a case, ecbolic already give a giant black industry chain. A customary gimmick is, use an individual to be in those who cross condition cable business to go up " the sea is naughty " odd pen consumption does not exceed 2000 yuan to be able to be avoided impose custom duty this one policy, risk embezzle with other identity information " the sea is naughty " the forehead is spent cross territory to buy commodity to shirk custom duty thereby.
The report still says, cross place other people to shed company controller to divulge according to, whole batch the goods need sum of the entrance pays tax, to avoid duty, cross place other people to shed a company to be adopted sometimes risk with other information, forge telephone number, content to shed the method such as data, camouflage becomes individual user to shop on electric business platform, help a client with this break up the whole into parts of cargo in large amount, enjoy " cross condition cable business retail entrance " taxation privilege.
So, risk with other information " the sea is naughty " shirk custom duty thereby, its behavior involves what law risk, how ought to be on guard? Relevant expert thinks, put an end to go under sb else's name " the sea is naughty " behavior, current need is strengthening custom to supervise, the respect such as construction of system of tripartite evaluation is made hard.
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Go under sb else's name " the sea is naughty " why to ban repeatedly more than
Beijing grand installs Zheng Lei of attorney office solicitor to think, risk with other identity information, embezzle " the sea is naughty " the forehead spends those who shirk custom duty to violate behavior to be banned repeatedly more than, form the crucial reason of black industry catenary to depend on:
▲ on one hand, safety of citizen individual information protects not do one's best, legal superintendency and do not carry out reach the designated position, it is difficult that evidence is collected, blow strength is small, illegal crime cost is too low;
▲ on the other hand, condition electron commodity is crossed below big data setting custom is supervised and canal of duty put in prison does not reach the designated position, superintendency mode does not match.
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Go under sb else's name " the sea is naughty " behavior agree carries what law responsibility
Zheng Lei thinks, cross condition cable business platform and cross place other people to flow deserve to send a company go under sb else's name " the sea is naughty " behavior, involve civil liability and administrative liability above all. Behavior person embezzles the individual identity information of other, violated the regulation that civil law protects about privacy right, risk the commodity outside buying the of great capacity with other information, make other cannot enjoy the privilege that dismisses levy specified number, the belongings that encroached a citizen again at the same time counterpoises. In administrative responsibility respect, cross condition cable business platform and cross place other people to flow deserve to send a company to risk undertake with other information " the sea is naughty " behavior damaged the taxation with normal country badly to ask for a canal order, below the case that has not make crime in behavior person, answer to be undertaken to its by the tax authority administration is punished.
Zhang Huaicai of inquisitor of procuratorate of people of Ningxia Hui Autonomous Region thinks, with respect to criminal responsibility character, this kind of behavior is suspected of two accusation:
One of, be suspected of violating crime of citizen individual information. Violating crime of citizen individual information is to point to disobey a country to concern a provision, sell to other or provide citizen individual information, the conduct with serious clue. According to legal provision, the legal principal part that obtain or provides citizen individual information is to have the national office that runs function, unit that offers service function for the society to perhaps acquire the business organization that examine and approve or can gather citizen individual information what everyone of information of classics citizen individual agrees. Crossing place other people to shed the obligation that deserves to send a company is to mix deliver goods thing, crossing platform of condition cable business is to be overseas goods to enter Chinese market to offer cross condition Internet platform, all have no right to obtain information of many citizen individual.
▲ the first, cross place other people to flow deserve to sent a company to disobey a country to concern a provision, get citizen individual information illegally. Procuratorate of top people court, top people " encroach case of criminal of citizen individual information about dealing with applicable law the explanation of a certain number of problems " (next weighing " explanation " ) the 1st regulation, "Criminal law a stupid person of one of 13 regulations ' citizen individual information ' , it is all sorts of perhaps can identify identity of specific natural person with other information union alone information that show with the electron other perhaps way is recorded, include communication of number of full name, identity document, communication to contact means... " accordingly, cross place other people to shed the individual such as number of the full name that deserves to send a company special collect, identity document real message perhaps can identify identity of specific natural person with other information union alone, attribute the citizen individual information on criminal law meaning.
▲ the 2nd, cross place other people to flow deserve to sent company and electric business to all carry out the action that provides citizen individual information. Basis " explanation " the 2nd, the 3rd about " disobey a country to concern a provision " and " provide citizen individual information " regulation, cross place other people to shed the individual information that deserves to send company general collect to agreed to provide electric business without everybody of citizen individual information, electric business is in know perfectly well a company order goes up without the net on platform, still adopt make intentionally connect phonily pass information, offer custom, finish declare at customs.
▲ the 3rd, cross place other people to shed the act that deserves to send a company to risk the act that uses other information and electric business to provide individual information illegally, illegal earning should achieve 5000 yuan of above only, belong to " the clue is serious " , make crime.
Secondly, be suspected of blame of dodge a tax. Blame of dodge a tax is to point to take cheat, conceal a method to undertake be declared phonily or be not declaringed, escape pay imposition amount 50 thousand yuan of above and occupy should ratal the behavior of 10% above. Cross place other people to flow those who deserve to send a company to use help client to pay tax need sum is whole batch the goods fractionation break up the whole into parts of the entrance, risk with other information, provide information of false share of the person that order, forge telephone number and content to shed data, shop in order to cheat method camouflage into the individual, achieve accord with avoid the requirement that imposes custom duty thereby dodge a tax. Through such operation, cross place other people to shed the objective that deserves to send company and electric business to help a client finish dodge a tax jointly.
Zhang Huaicai expresses, cross place other people to flow deserve to send company and electric business to be in risk undertake with citizen individual information " the sea is naughty " when the department commits a crime jointly, ought to assume the criminal responsibility that violates blame of citizen individual information and crime of dodge a tax jointly. The behavior of the act that violates individual information and dodge a tax is method and end relationship, department embroil makes, should choose one felonious punishment, be in 3 years of the following set term of imprisonments or arrest battle, be in gold of only perhaps punishment; The clue is particularly serious or amount is huge occupy should ratal of 30% above, be in 3 years of above 7 years the following set term of imprisonment, punish gold. Information of collect citizen individual or dodge a tax is used at the company to manage, be suspected of unit crime, the regulation that is in charge of personnel and crime of natural person of according to of personnel of other and direct responsibility to what be in charge of directly convictions punishment, condemn fine to the unit.
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Perfect individual information to protect, be on guard go under sb else's name " the sea is naughty "
So, how to protect security of citizen individual information, reduce national revenue prediction of a person's luck in a given year? Zhang Huaicai thinks, protect security of citizen individual information, be superintended in what strengthen law again and carry out, enhance protective consciousness, perfect citizen is informed against complain a mechanism, strengthen international and area cooperation, increase hit and punish the strength that encroachs citizen individual information to violate crime. Make as soon as possible come on stage " individual information protects a law " , make clear responsibility main body and its right and obligation, strengthen superintend, the discovery that establishs perfect illegal act and responsibility find out a mechanism. This need makes from all directions face:
▲ above all, strengthen custom to supervise. Strengthen the superintendency of pair of market admittance, real to crossing area network inn to execute name controls government, buy the home and client clearly to declare the obligation of custom duty according to the facts. In addition, custom still should taste the information such as name, price from the identity information that gathers, content, build built-in control system and risk management system, begin unified data analysis and risk to grind sentence, be on guard case of quote of newspaper of the cent that tear open sheet, bogus violate condition of compasses dodge a tax.
▲ next, strengthen tripartite to evaluate systematic construction. Use government of the buy before tripartite adequately, strengthen beforehand to superintend. Crossing platform of condition cable business is to cross condition trading organizer, rising to cross condition trade central action. Cross capital of platform of condition cable business, tripartite to pay enterprise, content shedding to deserve to send an enterprise to have higher level of management, the superintendency branch such as custom ought to make normative platform administer a regulation, clear custom is right the check influence of this kind of enterprise, bring into custom administration and category of customs customs officer. Supervise and urge guide platform enterprise to manage main body and importer information to undertake examine and verify is checked comparing information of right, identity to crossing area network, safeguard network management main body, network receives information true and effective.
▲ again, advance construction of credit management system. Custom is collected extensively through informatization means cross capital of platform of condition cable business, tripartite to pay enterprise, content shedding to deserve to send an enterprise of all kinds message, begin an evaluation to company reputation, build company reputation to run evaluation system. Information of identity of clear trade main body is checked, acceptance of consignment and send and receive legal responsibility, archives of credence of work up individual, credence of construction individual custom runs a system. Custom wants aggrandizement and Wu of industrial and commercial, duty, country to examine the branch such as quarantine, exchange control and public security is built execute the law linkage mechanism, abound superintendency method ceaselessly, advance information to share, superintend interactive, form resultant force, make the credence of of all kinds enterprise transparent, but date from, can check.
▲ is final, use big data adequately, mining promotes data analytic ability and standard. In crossing the whole technological process that condition electron business affairs trades, accompany commodity and the change that capital flows to, can produce huge electronic data information, if carry (close) data of data of only real time, customs declaration statistic, buy data of main body directory, buy information of supply of information, commodity, market to analyse data to wait, on the deepness analysis, mining, foundation that studies its characteristic law, ensure beforehand is superintended, superintend date from of after the event, integratedly develop simultaneously, news source but whereaboutldirection of date from, commodity can be found out, the risk is controallable unified, in order to increase risk identifying capacity, discovery violates guilty clew, increase check and blow strength ceaselessly.
