1. administrative responsibility: fine 200 yuan or above 1000 yuan or detain him or her for 10 days, and confiscate the illegal income.
According to Article 16 of the Law of the People's Republic of China on Resident Identity Cards, if one of the following acts is committed, the public security organ shall give a warning and impose a fine of less than 200 yuan. Illegal income, confiscate the illegal income:
(a) using false certification materials to defraud the resident identity card;
(2) Renting, lending or transferring a resident identity card;
(3) illegally detaining another person's identity card.
Article 17? Anyone who commits one of the following acts shall be fined by the public security organ from 200 yuan to 1000 yuan, or detained for 10 days. Illegal income, confiscate the illegal income:
(a) using another person's identity card or using a forged identity card;
(2) buying, selling or using forged or altered identity cards.
Forged or altered identity cards and fraudulent identity cards shall be confiscated by public security organs.
Second, civil liability: fraudulent users need to compensate for losses, and fraudulent users do not have to bear responsibility.
According to Article 54 of People's Republic of China (PRC) Contract Law? One party has the right to request the people's court or arbitration institution to modify or terminate the following contracts:
(1) Due to a major misunderstanding;
(2) obviously unfair at the time of conclusion of the contract.
If one party leads the other party to conclude a contract against its true meaning by fraud, coercion or taking advantage of others' danger, the injured party has the right to request the people's court or arbitration institution to modify or cancel it.
The people's court or arbitration institution shall not revoke the request of the parties.
Article 58? After the contract is invalid or cancelled, the property acquired as a result of the contract shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered as a result. If both parties are at fault, they shall bear their respective responsibilities.
III. Criminal Responsibility: Fraudulent users who violate the criminal law shall be punished as crimes.
According to Article 196 of the Criminal Law of People's Republic of China (PRC), whoever commits credit card fraud or theft in any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.
If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.
Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Extended data:
It should be noted that if a resident ID card is lost and fraudulently used by others, the fraudulent user and the examination department should bear corresponding legal responsibilities, and the person who lost the ID card does not have to bear any responsibilities. Moreover, when a citizen uses a resident ID card to prove his identity, the card-using unit has the responsibility of repeatedly checking the consistency of the person's card and the card, and the relevant business can be handled for the holder only after it is confirmed.
If the certificate-using unit fails to perform the responsibility of checking the conformity between the person and the certificate, resulting in the infringement of citizens' legitimate rights and interests, it shall bear corresponding legal responsibilities. For example, Han in the case can apply for a loan in Wuhan with Miss Hu's ID card. Banks obviously failed to fulfill their audit obligations and should also bear the responsibility.
Reminder:
1. The original and photocopy of the ID card shall be properly kept.
2. You can apply for registration of fingerprint information for anti-theft.
Nowadays, many places need to show their ID cards when entering and leaving, and it has become a travel habit for many people to carry their ID cards with them.
In daily life, how to prevent identity cards from being fraudulently used? The two lawyers interviewed said that the custody and use of personal identity cards and their copies must be cautious. Remember that the original ID card should not be lent out or stored in other places as far as possible, and the copy of ID card should be torn up and then discarded.
When using a copy of your ID card, it is best to specify the purpose in detail where the copy does not hinder reading. In case of an accident in the future, it is better to check the handwriting and identify the responsibility.
Generally speaking, the copy of the ID card is only valid when used with the original, and the copy of the ID card cannot be used as the basis for determining the facts of the case alone. For example, others fraudulently use a copy of your ID card to handle malicious arrears of mobile phone cards. The main mistake is that the salesman didn't examine it carefully.
Specifically, you can take precautions by endorsing a copy of your ID card in the following ways: write the words' special for such and such affairs' with a blue ballpoint pen or signature pen, with the contents as detailed as possible, but don't cover the ID card number and name; Part of the text should be crossed with the ID card when endorsement; Usually write three lines, and draw a horizontal line behind each line to avoid being stolen by others.
August 10 The Ministry of Public Security, the Central Comprehensive Management Office, the Development and Reform Commission, the Ministry of Industry and Information Technology, Ministry of Human Resources and Social Security, the Ministry of Housing and Urban-Rural Development, the Ministry of Transport and the People's Bank recently jointly issued the Announcement on Regulating the Use and Management of Resident Identity Cards, clarifying that citizens should use their resident identity cards according to law and may not rent, lend or transfer them.
Citizens should enhance their awareness of the safety protection of resident identity cards and keep them properly to prevent them from being lost or stolen. At the same time, the announcement also clarified the prevention of fraudulent use of information: registering a resident ID card with fingerprint information can effectively prevent others from fraudulent use, which is conducive to protecting citizens' personal information security. Citizens can actively apply to the public security organs for replacement of resident identity cards with fingerprint information.
If you lose your ID card and want to reissue it, you can register your fingerprint information, which will be safer. At the same time, we should raise awareness of safety protection and try not to borrow ID cards.
References:
Baidu Encyclopedia-People's Republic of China (PRC) Criminal Law
References:
Baidu Encyclopedia-People's Republic of China (PRC) Identity Card Law
References:
Baidu Encyclopedia-People's Republic of China (PRC) Contract Law