Research On The Protection Of The Rights Of Frozen Persons In The "Telephone And Bank Cards" Case

With the gradual development of the economy,the situation of property related cases in China has become increasingly complex.In addition,telecommunications network fraud cases continue to rise,and the property involved has gradually attracted people’s attention.The freezing system of property has also attracted widespread attention.In 2020,China issued a notice on severely cracking down on and punishing illegal activities related to the sale of telephone cards and bank cards in accordance with the law.In 2020,the Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security,the Ministry of Industry and Information Technology,and the People’s Bank of China jointly issued a notice on severely cracking down and punishing illegal activities related to the purchase and sale of telephone cards and bank cards in accordance with the law Strictly crack down on the purchase of "two cards"(including mobile phone cards,Io T network cards,personal bank cards,corporate bank accounts and settlement cards,payment accounts,etc.).The country’s increased crackdown on "Telephone and bank cards" cases is necessary to maintain social harmony and stability,and effectively protect citizens’ property rights,which has strong practicality and meets the requirements of current judicial practice in China.The essence of controlling the "Telephone and bank cards" is to take mandatory measures to freeze relevant accounts,starting from controlling the property involved,searching for clues to the case,controlling the direction of the crime,and then finding the truth and cracking the case.Although many scholars have begun to study the system of freezing funds and property involved in cases,the theoretical community has published relevant papers.These theoretical achievements and laws and regulations indicate that China has gradually begun to strengthen the importance and standardization of compulsory measures for property,and pay attention to protecting the property rights of the parties involved.However,from the current research status,most of the articles or monographs that have been published only briefly explore some issues of China’s freezing of funds and materials involved from the perspective of protecting citizens’ property rights,lacking a comprehensive research direction on freezing operation procedures,rights protection systems,and post rescue measures.The mandatory measure of freezing focuses on the constraint of the object,while neglecting the protection of the rights of the frozen person,and lacks corresponding channels for appeal and relief.Specifically,this article will explore from the following three parts.The first part is an overview of the "Telephone and bank cards" case and the freezing measures.Firstly,determine the concept and scope of the "Telephone and bank cards" case,secondly clarify the background and significance of cracking down on the "Telephone and bank cards" case,then clarify the concept of freezing measures in the "Telephone and bank cards" case,and finally analyze the application of freezing measures.The second part is related to the protection of the rights of the frozen person in the "Telephone and bank cards" case.Mainly revealing the shortcomings of the current "Telephone and bank cards" cases in China in terms of procedural,freezing system,and appeal.Firstly,the review and supervision mechanism for freezing measures is not perfect.Secondly,the conditions for freezing measures are generalized and the deadline is unclear.Thirdly,the right to know of the frozen person in the "Telephone and bank cards" case is indeed true.Fourthly,the appeal and relief are not perfect.Fifthly,the national responsibility is not in place.Sixthly,the disciplinary measures are not standardized.The third part is suggestions for improving the protection of the rights of frozen individuals in the "Telephone and bank cards" case.One is to standardize freezing measures from a legislative perspective,establish a judicial review system,and implement a dual supervision mechanism both internally and externally.The second is to protect the right to know of frozen individuals,requiring investigation agencies to bear the obligation to inform.The third is to protect the relief rights of frozen individuals,improve the appeal system and remote processing mechanism.The fourth is to implement national responsibility,achieve reasonable compensation,and finally optimize disciplinary measures.