According to the current relevant regulations,the public security authority should emergently stop payment of funds involved in telecom and online fraud when receiving the report.Emergency payment suspension has transformed the old model of"filing a case first,then freezing"by the public security authority into a new model of"stopping payment first,then filing a case,then freezing",forming a progressive linkage mechanism of"stop payment-freezing".However,the current emergency payment suspension faces dual challenges:the success rate of payment suspension in practice is rela-tively low;Insufficient legitimacy of emergency payment suspension at the institutional level.Based on the efficiency logic of protecting the property right of victim,the Emergency payment suspension mechanism of public security authority urgent-ly needs to be broken through,The emergency payment suspension function should be expanded from timely recovery of los-ses for victims to preventing victims from transferring funds in advance,The object of payment suspension should be expand-ed from the involved account to the account held by the victim.Based on the principle of legal reservation and the legitima-cy logic of power control and rights protection,legislation should reform the emergency payment suspension system from the structural elements of stop payment conditions,stop payment objects,and stop payment procedures.In addition,with the iterative updating of social property transfer mode of information network,the emergency payment suspension applicable to telecom Internet fraud cases should be institutionalized as a kind of independent administrative coercive measures,and then extended to other similar cases.
关键词
电信网络诈骗/涉案资金/公安机关/紧急止付/效率逻辑/正当性逻辑
Key words
telecom and online fraud/funds involved in case/public security authority/emergency payment suspen-sion/efficiency logic/legitimate logic
维普
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