Who should bear the responsibility for the fraudulent use of identity cards? What should I do first? How to fundamentally cut off the phenomenon that the lost ID card is fraudulently used?
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The fraudster can't be found and can't be prosecuted.
It is difficult to file a case if the circumstances are not serious.
What should I do if my ID card is fraudulently used?
Wang Liping, a lawyer of Shaanxi Jiaxuan Law Firm, said that Article 17 of the Law of the People's Republic of China on Resident Identity Cards stipulates that fraudulent use of other people's resident identity cards or fraudulent use of resident identity cards; Whoever buys, sells or uses a forged or altered identity card commits one of the above acts shall be fined from 200 yuan to 1,000 yuan or detained for less than 10 days by the public security organ. Illegal income, confiscate the illegal income; Forged or altered identity cards and fraudulent identity cards shall be confiscated by public security organs.
Wang Liping said that the above provisions are only administrative penalties, and the penalties are limited. If an individual's rights and interests are infringed by fraudulent use of identity cards, according to the provisions of the Tort Liability Law, the parties may claim that their rights have been infringed and bring a lawsuit to the court. However, in fact, such incidents often do not find people who use identity cards. At this time, the public security department needs to intervene in the investigation. According to the criminal law, the case will be filed only if the circumstances are serious. This regulation is vague, and the degree of freedom in actual operation is relatively large. Many times, the public security department will shut the parties out because of the lack of filing standards, so it is really difficult for ordinary people to defend their rights when they encounter such incidents.
Chang Cai 'e, a lawyer of Shaanxi Fazheng Ping 'an Law Firm, said that the fraudulent use of ID cards to protect rights depends on the circumstances and harmful consequences. Those who constitute criminal responsibility may report to the public security department; If it is a civil infringement, it can be brought to court. After the identity card is fraudulently used, you must first go to the relevant departments such as industry and commerce, banks and operators to report the loss and ask for cancellation. Because the court will verify whether I have operated when making a ruling, the chain of evidence is more important when defending rights. There must be proof from a third party, such as information evidence issued by banks and other relevant departments, as well as proof of non-operation such as "loss statement".
Han Chaoze, a lawyer of Beijing Dacheng (Xi 'an) Law Firm, said that the person whose ID card is fraudulently used will not bear the legal responsibility caused by fraudulent use without fault, and the resulting responsibility will be borne by the fraudulent user and relevant departments. The victim may report the case to the public security organ. After the identity card is fraudulently used, compulsory medical examination (such as compulsory urine test by the police) can be investigated for the relevant legal responsibilities of the compulsory medical examination department.
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ID card loss reporting system has been enabled.
Will dock with banks and other departments
After the ID card is lost, everyone's first reaction is to report the loss and reissue it. When they went to the police station, they were told to report the loss. But in fact, this so-called "loss reporting" is not a real loss reporting. This paper statement can only be used as evidence to remedy rights afterwards, and it can't prevent fraudulent use.
Can it be cut off from the source, so that the lost ID card will be invalid from the moment it is lost, and the possibility of being fraudulently used will be cut off?
On April 12, the reporter of Huashang Daily learned from Shaanxi Provincial Public Security Department that in order to solve the problem that some criminals used other people's ID cards to handle bank cards and mobile phone cards to engage in illegal and criminal activities such as telecom fraud, money laundering and loan fraud, the Ministry of Public Security was launched in June last year 10.
Invalid identity card information includes lost or stolen identity card information, valid identity card information of citizens who have renewed their identity cards, and original identity card information of citizens who have renewed their identity cards for other reasons. In order to ensure that the resident ID card information reported by the masses can be incorporated into the invalid resident ID card information system in time, the public security organs will strictly implement the resident ID card reporting system and do a good job in collecting and maintaining the reported information; At the same time, according to the requirements, the masses are accepted to report the loss, and the masses are not required to publish information on lost documents in newspapers or make online statements.
It is understood that the ID card loss reporting system of the public security department is different from the previous loss reporting system. The ID card takes effect immediately after the loss is reported by the public security system, and can no longer be used, but it is currently limited to the network of the public security department. In the next step, the public security department will connect with the card departments such as banks, railways and civil aviation to realize online verification, so that all lost and stolen ID cards will be invalid immediately and can no longer be used. At the same time, the Ministry of Public Security will further deepen the linkage mechanism with various card-using departments, establish a blacklist system for people who fraudulently use identity cards, increase the prevention and crackdown on illegal and criminal acts of fraudulent use, improve the accountability of card-using units that fail to fulfill the responsibility of verifying the consistency of personal documents, and strengthen the security protection of citizens' personal information.
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Xi 'an ID card loss reporting system
Operate on the basis of experiments
Yesterday, the reporter from Huashang Daily learned from Xi 'an Public Security Bureau that Xi 'an's ID card loss reporting system is still in the trial operation stage of standardization while practicing. ID card loss reporting system is a system led by the Ministry of Public Security and coordinated by public security departments all over the country. At the beginning, it was stipulated that the loss report must be reissued at the same time, and it should be reissued at the place where the household registration is located. Later, in order to facilitate the masses, it was stipulated that the loss could be reported at the nearest household registration window. At present, Xi 'an has reported the loss of more than 70,000 identity cards, including many from other provinces.
It is understood that this loss reporting system does not belong to the same system as the previous public security network verification systems of banks, operators and other departments, but is an independent loss reporting system. The Ministry of Public Security has been docking with railway and other departments. Due to the information sharing and data security between the internal and external networks, the docking is more complicated, and it is uncertain when the docking can be completed. It is recommended that citizens report the loss of their ID cards in time. Once the docking is successful, the information will be automatically provided to the card department.
Chinese business reporter Zhao Ruili