论电信网络诈骗涉案资金的先行处置机制

    Mechanism for Disposal in Advance of Funds Involved in Telecommunication and Network Fraud

    • 摘要: 电信网络诈骗涉案资金的先行处置机制是指公安机关对涉案账户和资金依次采取紧急止付、快速冻结和先行返还三项措施,以便快速拦截涉案资金,及时追赃挽损。先行处置涉案资金有利于改善被害人财产权保护缺位的现状,也有利于兼顾程序正义和诉讼效率。资金在线阻截返回的技术原理以及电诈犯罪的留痕性使先行处置机制在实践层面具有较强的可行性。从操作流程和运行成效两个维度对先行处置机制进行实践考察后,发现该机制不仅整体上存在问题,在紧急止付、快速冻结和先行返还阶段也分别面临若干困境。未来应当从制度规范、运行机制和资源配置三个层面对先行处置机制进行系统性完善:规范层面针对既有难题增修若干配套规定,运行机制层面以科技赋能提高先行处置实效,资源配置层面继续坚持“打防并重”思路。

       

      Abstract: The mechanism for the disposal in advance of funds involved in telecommunication and network fraud refers to the process in which the public security organs employ measures to urgently stop payments and quickly freeze the accounts and funds involved in the case, and then return the funds involved in the case that can be confirmed to the victims. Disposal in advance of funds is a necessary means to protect the property rights of victims, and is also a reasonable balance between procedural justice and litigation efficiency. The technical principle of online interception and return of funds and the traces of telecommunication and network fraud crimes make the mechanism highly feasible at the practical level. After a practical investigation of the mechanism from the dimensions of operational process and operational effectiveness, it is found that the mechanism faces several phased and overall institutional difficulties, such as insufficient coverage of normative documents, improper distribution of functions and powers between the upper and lower levels of public security organs, and lack of effective external supervision. The mechanism should be systematically improved from three aspects: institutional norms, operation mechanisms and resource allocation: in terms of norms, a number of supporting provisions should be revised in response to existing problems, in terms of operation, the effectiveness of disposal in advance should be improved with scientific and technological empowerment, and in terms of resource allocation, the idea of “paying equal attention to attack and prevention” should be adhered to.

       

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