The 31st session of the 13th the National People’s Congress Standing Committee (NPCSC) will be held from October 19th to 23rd, and the draft anti-telecommunication network fraud law will be unveiled f
On October 18th, the Legislative Affairs Commission of the National People’s Congress Standing Committee (NPCSC) held a press conference. Spokesperson Zang Tiewei introduced the legislative work and answered questions from reporters.
Zang Tiewei said that the 102nd Chairman’s Meeting of the 13th the National People’s Congress Standing Committee (NPCSC) decided that the 31st meeting of the 13th the National People’s Congress Standing Committee (NPCSC) would be held in Beijing from October 19th to 23rd.
Establishing telecommunication network fraudCounter technical measures
Beijing Youth Daily reporter learned from the press conference that there are 9 legal cases submitted to the Standing Committee meeting for initial consideration, including the draft anti-telecommunication network fraud law.
Zang Tiewei said that at present, the situation of telecommunication network fraud crime is grim, accounting for a large proportion of criminal cases. Some people’s money for medical treatment, pension and schooling has been swept away by fraudsters, which has become a prominent crime with the highest incidence, the greatest loss and the strongest response from the masses, seriously endangering the vital interests of the people and social harmony and stability.
"From a practical point of view, the institutional measures for comprehensive management and source management of anti-telecom network fraud are still insufficient, and there are weak links in the governance of industries such as finance, communications and the Internet, and it is necessary to strengthen the construction of legal systems."
He introduced that the basic considerations for formulating this law are: First, based on comprehensive governance, source governance and governance according to law, focusing on front-end prevention. Second, start with a small incision and make provisions on key links and major systems. Third, urgent needs should be given priority, and relevant legislation should be complemented and promoted together.
It is reported that the draft stipulates the basic principles of anti-telecommunication network fraud; Improve the basic management system of telephone cards, Internet of Things cards, financial accounts and Internet accounts; Establish technical measures to counter telecommunication network fraud, make overall plans to promote the construction of a unified monitoring system across industries and enterprises, and provide institutional support for using big data to fight fraud. In addition, it also strengthens the governance of illegal services, equipment and industries related to fraud; Strengthen the construction of other relevant preventive measures. Clear legal responsibility and increase punishment.
The Third Trial of the Draft Family Education Promotion Law
Complement and improve the cooperation between home and school.
It is reported that the draft family education promotion law will be reviewed for the third time. In August this year, the 30th meeting of the Standing Committee reviewed the draft law on the promotion of family education for the second time.
Zang Tiewei said that the third review draft of the draft submitted to this meeting of the Standing Committee intends to improve the provisions on the concept and content of family education, further clarify the boundaries between family education and school education, and more fully reflect the characteristics of family education.
At the same time, in view of the outstanding problems that some parents impose too heavy a learning burden on their minor children, and some parents neglect to discipline their minor children’s behaviors such as indulging in the Internet, the third review draft of the draft plans to add relevant provisions to clarify the relevant responsibilities of parents or other guardians.
Zang Tiewei introduced that the third review draft of the draft implemented the clear requirements of the relevant documents of the central government to reduce the workload of students in compulsory education and the burden of off-campus training, and supplemented and improved the coordination of family education and school education.
"Considering that the family education of left-behind children and children in distress faces more difficulties, we should increase relevant regulations, increase support for the families of these minors and provide more help."
In addition, the role of women’s federations in family education is further clarified; Further clarify the legal responsibility of the client who does not perform the family education responsibility according to law under the situation of entrusted care; Further improve the connection with the law on the protection of minors, the law against domestic violence and other laws to prevent the problem of domestic violence against children without adopting correct family education methods.
Draft amendment of civil procedure law
It is proposed to simplify the trial mode of small claims.
The reporter of Beiqing Daily also learned that this meeting will review the draft amendment to the Civil Procedure Law for the first time.
China’s current civil procedure law was adopted at the Fourth Session of the Seventh National People’s Congress in 1991, and has been revised three times in 2007, 2012 and 2017.
Zang Tiewei said that in order to further optimize the allocation of resources, promote the separation of complexity and complexity of cases, separate light from heavy, separate fast from slow, deepen the reform of civil litigation system, improve judicial efficiency and promote judicial justice, on December 28, 2019, the 15th meeting of the 13th the National People’s Congress Standing Committee (NPCSC) made the Decision on Authorizing the Supreme People’s Court to Carry out the Pilot Reform of Simplification and Diversion of Civil Litigation Procedures in Some Areas, and authorized the people’s courts in some areas in the Supreme People’s Court to carry out the Pilot Reform of Simplification and Diversion of Civil Litigation Procedures.
On the basis of comprehensively summarizing the experience of the reform pilot, the Supreme People’s Court drafted the Civil Procedure Law of People’s Republic of China (PRC) (Revised Draft).
It is reported that the main amendments to the Civil Procedure Law in the revised draft include: First, optimizing the judicial confirmation procedure. Reasonably expand the scope of application of judicial confirmation procedures and optimize the jurisdiction rules of judicial confirmation cases. The second is to improve the small claims procedure. We will improve the scope and methods of application of small claims procedures, clarify the cases in which small claims procedures are not applicable, and simplify the trial methods of small claims cases. Third, improve the provisions of summary procedure and adjust the applicable conditions of summary procedure. Fourth, expand the scope of application of the exclusive system. Establish an exclusive trial mode of first instance and an exclusive trial mode of second instance. Fifth, improve online litigation and delivery rules. Establish the legal effect of online litigation, improve the rules of electronic delivery, and reasonably shorten the delivery time of announcements.
Text/reporter Meng Yaxu