What is the legal definition of "harassment"

Harassment will not constitute a crime, but if the circumstances are serious, it will violate the Law on Public Security Administration Punishment, and the public security organ has the right to detain or impose a fine.

Paragraph 5 of Article 42 of the Law on Public Security Administration Punishment stipulates that anyone who repeatedly sends obscene, insulting, threatening or other information and interferes with the normal life of others shall be detained for not more than five days or fined not more than 500 yuan;

If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 500 yuan. Your behavior belongs to sending other information. If you often interfere with the normal life of others, the other party will report to the public security organ and demand punishment.

There is no crime of harassment in the criminal law, which means that simple harassment does not violate the criminal law, but if you threaten or blackmail by phone, it may constitute a crime. Even if you don't commit a crime, you can record a harassing call to the police.

Extended data

The high popularity of mobile phones intensifies harassment, and it takes three hurdles to cure chaos.

Harassing phone calls and spam messages have seriously disrupted our daily lives, almost "everyone shouts." According to the development of telecom service industry in 20 14 and the fourth quarter recently announced by the Ministry of Industry and Information Technology, the total number of mobile phone users reached12.86 million, and the penetration rate of mobile phone users reached 94.5/100 people. High popularity will undoubtedly aggravate harassment.

It is urgent to control harassing calls and spam messages, and all parties in the industrial chain need to form a linkage mechanism. At the same time, users should strengthen their awareness of prevention and control and be brave in reporting. Only in this way can we really control the level and curb the proliferation of harassing calls and junk calls. Last year, there were 20.7 harassing calls and 34.9 spam messages per capita.

Speaking of spam calls and spam messages, I believe many people will "gnash their teeth". Indeed, selling houses, selling insurance, winning fraud ... all kinds of harassing calls and text messages are bothering users, and this situation will intensify.

According to the development of telecommunication service industry in 20 14 and the fourth quarter announced by the Ministry of Industry and Information Technology, the total number of mobile phone users reached12.86 million, and the penetration rate of mobile phone users reached 94.5 households per 100 people.

Behind the high penetration rate is a worrying reality: The Annual Report of 20 14 harassing phone calls jointly issued by Beijing Internet Information Office, Capital Internet Association and sogou Number Link shows that the number of harassing phone calls in China reached 27 billion in 20 14, equivalent to 20.7 calls per capita.

According to the "20 14 Mobile Security Report" recently released by Baidu Mobile Guardian, as of 20 14 and 12, the number of spam messages in China reached 45.4 billion. This conversion is equivalent to 34.9 per capita.

27 billion harassing calls! 45.4 billion spam messages! This amazing data reflects that harassing phone calls and spam messages have become rampant. Spam messages have been repeatedly banned, harassing calls have been frequently attacked, and telecom fraud has been refurbished, and users have suffered greatly.

According to the statistics of the Ministry of Public Security, in recent years, the average annual growth rate of telecom fraud is as high as over 70%, and the public losses caused by telecom fraud exceed10 billion yuan every year.

In fact, harassing phone calls is also a national governance issue. Take the 911 call as an example. Last year, Xinxiang City 1 10 alarm service platform in Henan Province received130,000 alarm calls, with as many as 250,000 harassing alarm calls, which seriously wasted limited police resources.

Coincidentally, according to the data from the Command Center of Yunnan Provincial Public Security Department, in 20 14 years, the number of people calling 1 10 in the province exceeded 7 million, but harassing calls accounted for half. According to statistics, Yinchuan Fire Brigade 1 19 Command Center received nearly 300 calls every day last year, of which harassing calls and false alarms accounted for about 85%.

The lag of legislation makes it difficult to eradicate harassing phone calls and spam messages.

Harassment calls and spam messages are rampant, and the voice of strict management is endless. But why are harassing calls and junk calls always "the mountain fire never goes out, and the spring breeze blows high"?

First, legislation lags behind. 20 12 12 the decision on strengthening the protection of network information promulgated by the National People's Congress Standing Committee (NPCSC) clearly stipulates that commercial information shall not be sent without the permission or confirmation of consumers, or if consumers explicitly refuse.

If this happens, consumers can ask the telecommunications service department to delete relevant information or take necessary measures. "However, these' necessary measures' have not yet been refined." Hu Gang, secretary general of the Internet Association of China Research Center, said. In addition, the law fails to make specific provisions on the screening, punishment and compensation standards for harassing phone calls and spam messages.

Secondly, the proliferation of rebranding software makes it more difficult for intercepting software to intercept harassing calls and spam messages. At present, many criminals take advantage of the high credibility of special numbers in the public, and successively use numbers such as 400, 1 10 to cheat, which makes the public hard to prevent.

Third, there are loopholes in information collection and storage, which also form an illegal interest chain. Some netizens ridiculed: "People who sell you are everywhere: buying a house, the real estate company sold you; When the child was born, the hospital sold you; Children go to school and the school sells you;

Living in the community, the property department sold you again ... "In life, as small as questionnaires in the streets and lanes, abandoned express parcels, website registration information, and some government information registration, it may become the source of criminals harassing users.

Fourth, high dispersion. With the increasing popularity of mobile phones, it is not easy to find the source of mobile phones quickly and accurately. "These fraud gangs are generally in other provinces or overseas, and the numbers used are all technically processed. Most fraudulent websites are located abroad. After the incident, it caused great difficulty and resistance to the detection of the case. "

The police officer who has investigated communication fraud cases said this. The Public Security Bureau of Zhengzhou City, Henan Province even said that since telephone fraud is a non-contact remote fraud, the detection rate is often lower than 1%.

Control harassing phone calls and spam messages.

Harassing phone calls and spam messages have seriously affected people's daily lives, so it's time to take good care of them. In order to effectively control harassing calls and spam messages, all parties in the industrial chain need to form a linkage mechanism to control them from three levels: management, technology and awareness.

First of all, we should take the lead in management. The lag of legislation is the main reason for the proliferation of harassing calls and spam messages. In the next work, relevant departments should improve the legal system and establish a unified national reporting platform. For example, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the State Administration for Industry and Commerce recently issued the "Work Plan for the Special Action against Black Cards on Telephone". The implementation of the real-name registration system has a certain deterrent effect on this phenomenon.

Relevant departments should promptly define harassing phone calls and spam messages, and make detailed provisions on punishment, so that all parties in the industrial chain can abide by the law and investigate offenders according to law.

Secondly, technical governance is indispensable. Industry insiders suggest that operators should constantly improve their number management capabilities and improve the technical means to combat harassing calls. In view of the rampant use of rebranding software, relevant security vendors should strengthen research and development, increase interception efforts and accuracy.

Finally, users should strengthen their awareness of prevention and control. According to the online survey data in sogou, the common ways to prevent harassing calls are to establish a blacklist and install mobile phone interception software, but the proportion of reporting complaints is relatively small. Yang Hongtao, vice president of sogou, said that the public only showed a willingness, but lacked practical actions, and the awareness of group prevention and control still needed to be strengthened.

Similarly, the management of spam messages can not be separated from the cooperation of users. In order to protect their information and property from infringement, users should be brave. Only when the regulatory authorities, operators, security vendors and mobile phone user Qi Xin work together can the black industrial chain of harassing calls and spam messages be eradicated, and the network will be clear.

Baidu Encyclopedia-People's Republic of China (PRC) and Public Security Administration Punishment Law

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