Cyberspace is the spiritual home of hundreds of millions of people. In order to improve the comprehensive network governance system and promote the formation of a good network ecology, in accordance with the "Clear Pujiang" series of special action plans, on May 13, the Huangpu District Procuratorate and the Internet Information Office of the Huangpu District Party Committee launched the "Clear Pujiang 2024" Network Ecological Governance Theme Day activity.
With the theme of "Clear and Clear Co-governance, e-Space, Huangpu District Network Collaborative Governance, Joining Hands with Procurators to Perform Comprehensive Duties, and Building a Harmonious and Safe Regional Network Ecological Environment", the event was supported by the member units of the Huangpu District Network Collaborative Governance Linkage Mechanism, local Internet enterprises, and experts and talents in the network field. Through the establishment of a multi-faceted, multi-intelligent integration, and multi-dimensional network coordination mechanism (i.e., the "3+7" model), and the selection and appointment of experts from the network procuratorial think tank and specially invited assistant procurators, we will discuss the path for enterprises to actively integrate into the co-governance system, jointly solve new problems and problems in current network governance, and promote the effective improvement of comprehensive network governance capabilities.
At the event, the Huangpu District Procuratorate, the Huangpu Public Security Bureau, and the Cyberspace Administration of the Huangpu District Party Committee signed the "Working Mechanism on Strengthening the Collaborative Governance of Regional Networks" (hereinafter referred to as the "Working Mechanism"), and seven key Internet enterprises in the district signed the "Huangpu District Internet Enterprise Compliance Operation Proposal" (hereinafter referred to as the "Proposal"). Next, Huangpu District will use the "3+7" model to promote the comprehensive governance of cyberspace.
According to the "Working Mechanism", the three functional departments will give full play to their respective functions, focus on the practical needs of the general public, Internet enterprises and other social entities for a clear space, focus on the protection of citizens' personal information, rectify bad marketing, put an end to the defamation of online trolls, punish telecommunications network crimes, and other key work, from data sharing, risk monitoring, clue transfer, technology empowerment, rule of law publicity and other aspects, in-depth planning of cooperation strategies for all parties, smooth the channels for the connection of online governance executions, and jointly strengthen the legal service guarantee for enterprises in the region. Optimize the pattern of co-construction and co-governance in cyberspace.
The "Working Mechanism" also clarifies that the countersigning parties will play an important role in the field of online protection of minors by holding joint meetings, regularly reporting in writing, and sending personnel to set up studios to exchange the latest developments in cyberspace in real time, transfer case leads as soon as possible, and take a step forward to block harm and prevent crime.
In order to promote the comprehensive governance of the network and promote the standardized development of local Internet enterprises, under the guidance of the Huangpu District Procuratorate, seven key Internet enterprises in the district jointly signed the Proposal. The seven units reached a consensus on six aspects: optimizing the compliance organizational structure, improving the compliance management system, establishing a risk identification mechanism, improving compliance risk response measures, integrating into the compliance supervision and management system, and shaping the corporate compliance culture.
In order to better promote the comprehensive performance of online procuratorial duties and form an effective way for procuratorial organs to handle cases professionally and socially governance, on the day of the event, the Huangpu District Procuratorate also selected and hired experts from the online procuratorial think tank and specially invited assistant procurators, with the help of the professional advantages and forward-looking thinking of experts and talents in the network field, anchoring the goal of the net network, breaking through the limitations of perspectives, and exploring innovative points in the performance of duties, providing technical and theoretical support for the comprehensive performance of online duties, and comprehensively promoting the construction of the rule of law in cyberspace.
While punishing cyber crimes in accordance with the law, the Huangpu District Procuratorate pays more attention to actively performing its duties in accordance with the law. In March this year, the procuratorate took the lead in establishing an online procuratorial office in the city, giving full play to its innovative power, breaking down departmental barriers, exploring integrated performance of duties, coordinating the use of criminal, civil, administrative, and public interest litigation procuratorial functions, strengthening the integrated performance of duties, and coordinating the promotion of comprehensive governance of cyberspace. In addition, the court also relied on the establishment of the Internet Procuratorate Office, combined with regional characteristics, explored the six major functions, and took the holding of this event as an opportunity to deeply integrate, build a matrix, protect the rights and interests of enterprises, and innovate to build an e-space for the comprehensive performance of online procuratorial duties, highlighting the Huangpu network procuratorial characteristics of "science and technology + digital, crackdown + prevention".
The "Clear Pujiang 2024" Network Ecological Governance Ten Action Huangpu Theme Day has opened a new two-way mode of network collaborative governance and comprehensive procuratorial performance, relying on this grid matrix, it will help to create a clear ecological environment for sharing, co-governance and win-win regional networks.
Case 1: 19 people including Zhan and Yang
Cases of illegal business operations, embezzlement of duties, and aiding information network criminal activities
【Keywords】
Online financial platform, third-party payment and settlement, compliance governance
[Basic facts of the case]
From November 2020 to the occurrence of the case, in order to obtain illegal benefits, Zhan Moumou hired Tan Moumou and others to illegally purchase the industrial and commercial information and related corporate accounts of the company under the name of Yang Moumou and 13 others with high commissions, which were used to register the settlement account in Shanghai A Information Technology Co., Ltd. (hereinafter referred to as Company A, which held a third-party payment business license issued by the central bank at the time of the case) and obtain the payment and settlement authority of Company A's aggregation system. It also hired others to connect with Company A's aggregation system through the illegal payment and settlement platform it set up, so as to establish an illegal payment and settlement channel and provide it to others for transferring illegal funds such as overseas online gambling platforms from corporate accounts to target private accounts, and taking a cut of them for profit. After investigation, the above-mentioned account set up in Company A was used to provide funds for settlement of online gambling activities, with a total settlement amount of more than RMB 3.3 billion.
During the above-mentioned period, Yang, the business development manager of Company A, took advantage of his position to instruct his subordinate Zhu to help Zhan's gang establish a fund settlement channel for the registered merchant reported by the company, and when the judicial authorities froze the account, he reported to Zhan and helped transfer illegal funds. It was also ascertained that from January 2021 to the occurrence of the case, Sun Moumou, the manager of the enterprise business department of Company A, took advantage of the fear of crime of the above-mentioned part of the gambling-involved merchants on the payment platform to instruct his subordinates to make a complaint and refund request form for the gambling-involved merchants based on the false information provided by him, and transferred a total of more than 1,200 yuan of the funds of the merchants involved in the case to his personal account in the name of complaint refund.
From March to September 2022, the Huangpu District Procuratorate successively prosecuted 13 people including Yang Moumou for aiding information network criminal activities, 5 people including Zhan Moumou for the crime of illegal business operation in public office, and Sun Moumou for the crime of embezzlement. From June 2022 to May 2023, the Huangpu District Court successively sentenced 13 people, including Yang Moumou, to fixed-term imprisonment ranging from eight months to two years and fines for the crime of aiding information network criminal activities; sentenced Zhan Moumou and five others to fixed-term imprisonment ranging from six years to one year and a fine for the crime of illegal business operation; Sun Moumou was sentenced to eight years and six months and fined for the crime of embezzlement.
【Typical Significance】
With the rapid development of information technology, the online payment industry has become an indispensable part of the digital economy era. In this case, the Huangpu District Procuratorate combined its extended functions to handle cases, and through investigation, investigation and combing, promptly discovered the internal omissions of the online payment platform operated by the enterprise involved in the case, urged the enterprise to implement rectification and improve supervision in a timely manner, and beware of the licensed third-party platform becoming a platform for "running points and taking accounts", blocking the funding channels of the online black and gray industry chain. At the same time, through in-depth management of litigation sources, recovery of stolen goods and loss recovery, etc., we will help financial network enterprises in the jurisdiction to effectively strengthen compliance construction, make up for economic losses, and realize the unity of fighting crime and serving and ensuring the business environment.
【Keywords】
Online Sexual Assault Digital Supervision Model Platform Active Discovery and Source Governance of Complaints
[Basic facts of the case]
In August 2021, Yao used a pseudonym to meet the girl Lele (pseudonym) through an online platform, and learned in the chat that Lele was 10 years old and a left-behind child in rural areas, and still lured Lele many times to take and send nude photos and other indecent photos for him to see. In September 2022, the online platform discovered relevant clues and reported them to the procuratorate through the "Early Warning and Supervision Model for Internet Enterprises Reporting Clues on Violations of the Rights and Interests of Minors in Accordance with the Law" established in cooperation with the Huangpu District Procuratorate, and the case was brought to justice. After the procuratorate initiated a public prosecution, the court sentenced Yao to three years in prison for child molestation on March 14, 2023.
【Typical Significance】
While strictly cracking down on crimes against minors in accordance with law, procuratorial organs are actively guiding internet technology enterprises to build hierarchical and categorical disposition systems based on digital procuratorial thinking, optimizing risk prevention and control, consolidating the responsibilities of online platforms, avoiding enterprises falling into the misunderstanding of "technology neutrality" in their daily business activities, and reducing enterprises' legal risks; At the same time, in conjunction with functional departments such as for internet information and public security, strengthen hierarchical prevention and control of online information risks, improve the connection between administrative law enforcement and criminal justice, and carry out governance of negative online information at its source, so as to bring about the early prevention of crimes against minors.
【Keywords】
Illegal Advertising, Women's Personality Rights, Corporate Compliance
[Basic facts of the case]
An image design company in Shanghai is entrusted by the Singapore head office to be responsible for the overall promotion and printing of the advertising (advertising creativity provided by the headquarters) of a brand in Shanghai. Since 2015, the company has been commissioned to release a number of posters that mock and degrade the hairy posture as a picture idea to market the hair removal beauty program in the store. On February 3, 2023, the company posted two posters in Shanghai Xintiandi beauty store that compared women without hair loss to orangutans, which attracted public attention, and the related Weibo views reached more than 1.78 million times.
【Typical Significance】
In this case, the procuratorate actively responded to the concerns of online public opinion, comprehensively carried out a public interest investigation, invited volunteers and the public to participate extensively, combined with the conclusions of the public hearing, carried out pre-litigation consultations in accordance with the law, urged the relevant functional departments to fully perform their regulatory duties, ordered the enterprise to implement rectification in an all-round way, and assumed the tort liability of apologizing and eliminating the impact, effectively rectified the bad marketing methods of the enterprise merchants, and created a positive, healthy and positive business atmosphere.
Reporter / Shao Linfeng Qu Huangjun
Editor / Fan Lujia
Photo / Wang Dengxuan
1. It's a bad deal! Bad edamame, bad phoenix feet, bad yellow croaker...... Which one do you like best?
2. The first experience of fun BMX, the cute babies feel the charm of sports →