If the ID card is lost or the copy is fraudulently used by others, the person who loses the ID card will not be held responsible: The Ministry of Public Security made it clear when answering questions from netizens that citizens do not need to report the loss and make a statement in the newspaper after losing their ID cards. If the resident identity card is lost and used by others, the user and the examination department shall bear corresponding legal responsibilities.
The Ministry of Public Security pointed out that when a citizen uses a resident ID card to prove his identity, all departments that use the relevant documents have the obligation to check the consistency of the person's ID card, and the relevant business can be handled for the holder only after it is confirmed.
If a resident's ID card is lost and is fraudulently used by others, the fraudulent user and the relevant departments should bear corresponding legal responsibilities, and the person who lost his ID card is not responsible for the behavior that he did not implement. The Law of the People's Republic of China on Resident Identity Cards also clearly stipulates that anyone who fraudulently uses another person's resident identity card shall be fined between 200 yuan and 1,000 yuan by the public security organ, or detained for less than 10 days. If there are illegal gains, the illegal gains shall be confiscated.
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Who is responsible for the fraudulent use of ID card information? How to prevent it
In recent years, cases of illegal activities by "intentional people" with ID cards that have been picked up, bought, stolen or cheated have occurred frequently. The problems caused by fraudulent use of ID card information cannot be ignored. In this issue, lawyers are invited to answer questions such as whether the lost ID card is fraudulently used and whether the owner of the ID card needs to bear legal responsibility.
Case 1: The Yunnan man who lost his ID card and was fraudulently used was "guilty" in Jiaxing.
201165438 in 2004 10, Wang went to Guangzhou to join the police. After successfully passing the written test, interview and physical examination, he was ready to go to work, but suddenly he received a notice of "no employment". In June 5438+this year 10, the employer finally informed Wang that he was not hired because of his "previous record". He stole in Jiaxing, Zhejiang, and his identity information was entered into the national illegal personnel information resource database.
But Wang has never been to Zhejiang, let alone commit crimes in Jiaxing. Under the inquiry of the public security personnel, Wang Cai remembered that he had lost his wallet and his ID card. Due to lack of cash, Wang only reissued his identity card and did not report the loss to the police. Subsequently, the Xiuzhou Court of Jiaxing City started the retrial and error correction procedure in time, and Wang Moumou was innocent.
Moderator: Our reporter Dong Zibiao
Guest: Zhu, lawyer of Gansu Zaikun Law Firm.
Lawyer Zuo of Gansu Beidou Law Office
Moderator: Is the party responsible for the loss of the ID card and its fraudulent use by others?
Left: According to the relevant provisions of the Resident Identity Card Law, once the identity card is lost or stolen by others, causing damage to property and reputation, the fraudulent user and the examination department should bear corresponding legal responsibilities. The person who loses the certificate does not have to bear any responsibilities and has the right to recover from the relevant departments through corresponding channels.
According to the relevant laws and regulations, those who engage in illegal activities by fraudulently using other people's ID cards or holding fraudulent ID cards will be investigated for criminal responsibility.
After the ID card is lost, the ID card owner has the obligation to report the loss of the ID card as soon as possible, apply to the public security organ for a new ID card, and at the same time void the lost ID card in order to obtain evidence for reporting the loss. When someone fraudulently uses his identity card to engage in illegal activities such as fraud and infringes on the property right or reputation right of the original holder, he can provide evidence to report the loss and prove that it has nothing to do with illegal and criminal activities.
In addition, residents have the right to ask the relevant departments to stop illegal activities after their identity cards are stolen.
Zhu: Article 17 of the "Resident Identity Card Law" makes detailed provisions on the legal liability for fraudulently using resident identity cards. One of the following acts, given a warning by the public security organs, and impose a fine of 200 yuan. If there is illegal income, the illegal income shall be confiscated: using false certification materials to defraud resident identity cards; Renting, lending or transferring resident identity cards; Illegally detaining another person's identity card.
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. If there are illegal gains, the illegal gains shall be confiscated: those who fraudulently use other people's identity cards or use fraudulent identity cards; Buying, selling or using forged or altered resident identity cards. At the same time, the law also stipulates that anyone who forges or alters a resident identity card shall be investigated for criminal responsibility according to law.
Moderator: In daily life, how to prevent identity cards from being fraudulently used?
Left: Personal ID cards and their copies must be properly kept and used. Remember that the original ID card should not be lent out or stored in other places, and the copy should be torn up and 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 ID card is only valid when it is used with the original, and the copy of 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.
Zhu: Specifically, you can take precautions by endorsing a copy of your ID card in the following ways: write "Special for such and such affairs" with a blue ballpoint pen or signature pen, and the content should be as detailed as possible, but don't cover the ID 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.
People's Network-Who is responsible for the fraudulent use of ID card information? How to prevent it