There is no legal basis for publishing the lost ID card.
According to the Ministry of Public Security, according to the relevant provisions of the Resident Identity Card Law, citizens who lose their resident identity cards should report the loss to the local police station where their permanent residence is located. The fact that a citizen loses his replacement certificate itself informs the public security organ of the loss of the certificate, and there is no need to report the loss in the newspaper. There is no relevant law requiring citizens to do so after losing their identity cards.
If the lost ID card is fraudulently used, should the ID card owner bear the responsibility? The Ministry of Public Security pointed out that when a citizen uses a resident ID card to prove his identity, all departments that use the relevant documents have the obligation to check the consistency of the person's ID card, and the relevant business can be handled for the holder only after it is confirmed. If a resident's ID card is lost and used by others, the user and relevant departments shall bear corresponding legal responsibilities, and the person who lost the ID card need not bear the responsibility for the behavior that he did not implement. The Law on Resident Identity Cards also clearly stipulates that anyone who fraudulently uses another person's resident identity card shall be fined between 200 yuan and 1,000 yuan by the public security organ or detained for less than 10 days. If there are illegal gains, the illegal gains shall be confiscated.
Police station: There was no mandatory requirement to publish newspapers a long time ago.
Then, after Shenzhen citizens lose their ID cards, do they still need to make a statement in the newspaper when they reissue them? The reporter dialed the telephone number of the person in charge of a police station in Luohu District Public Security Bureau. He told reporters that citizens who came to the police station to reissue their identity cards only asked them to fill out a registration form for lost documents, which had long been asked not to be processed after being published in the newspaper. As for whether the certificate was fraudulently used, his answer is also straightforward: "Since it can be proved that it was fraudulently used by others, naturally there is no need to bear legal responsibility."
Even if it is published in the newspaper, it can't prove that the ID card is lost?
"Spending money to declare in the newspaper can really prove that your documents have been lost?" A police teacher in Longgang Public Security Bureau explained the unreliability of the newspaper from the police's point of view. Maybe you sell your ID card to someone else, and then go to the public security organ to reissue it with a "statement in the newspaper". This may not be the case. So they don't think it is necessary to ask the person who reissues the certificate to publish it in the newspaper. The reason why many citizens make comments in newspapers should be entirely for the safety of personal data and fear of taking responsibility.
He also told reporters that in fact, the chances of the second-generation ID card being fraudulently used are very small, because the photos of the second-generation ID card are of high quality, and whether it is the holder himself can be effectively identified with the naked eye. As long as the staff of the relevant offices carefully check it, there will be no problem. At present, the police are preparing to promote a card reader, so as to read the personal information in the certificate more effectively and identify the authenticity of the certificate more effectively.
□ Related cases
Identity card was fraudulently used as a "black pot"
When Ms. Zheng of Baoan District went to the bank to withdraw money in March 2008, she found that her account had been frozen, and all her bank deposits of 654.38+10,000 yuan were transferred to the court as collateral. The reason for the freeze is that on April 25, 2002, she borrowed more than 360,000 yuan from a branch of Bank of Communications in the name of car loan. After discovering that her bank account was frozen, Ms. Zheng got all the agreements and documents that others borrowed from the bank to buy a car from the court. The loan agreement also has her personal signature and a copy of the household registration book. But she never bought a car, and others used her ID card and forged household registration book to borrow money to buy a car.
Since the bank froze Ms. Zheng's deposits and real estate, her life has been seriously disrupted. She can't go to the bank to handle any business, so she can only apply for unsealing through a lawyer and get a monthly salary to make a living. Ms. Zheng later hired a lawyer to help her file a retrial request with the court. It was not until June 5438+February 2008 that she received a reply from Guangdong Higher People's Court. Bao Jing reporter Wang Zhiming
In order to reissue identity cards
Spend 90 yuan advertising.
By contrast, Wang Shanshan, who works in a consulting company in Shenzhen, is much luckier. Last year, in June+February, 5438, Shanshan was stripped naked on the bus home from the company, and everything in her bag, including her ID card, was lost.
Shanshan learned from a friend that she needed to report the loss of her ID card in the newspaper first, so she spent 90 yuan to put a notice in the newspaper. However, her heart is still not practical. "I am always worried that others will use their ID cards to open credit cards. What if I brush out tens of thousands? "
Although Shanshan works in Shenzhen, her registered permanent residence is still in Jinan, so she has to go back to her hometown to reissue her ID card. However, due to work pressure, I can't take a vacation for the time being. After repeated communication with the police station where the household registration is located, the other party told Shanshan that it is ok for people not to go back and reissue, and they can apply online. So, after taking photos and uploading them according to the online requirements, Shanshan found a friend in Jinan as a guarantee and finally reissued her ID card for more than 20 days. To her delight, she didn't receive any notice and her credit card was swiped.
Bao Jing reporter Huo Min Intern Zeng Haicheng
It takes three months to reissue the documents.
It is inconvenient during the undocumented period.
Mr. Liu is an employee of an engineering consulting company in Shenzhen. Last April, he went out to eat with his colleagues. When I came back, I found my ID card missing. Mr. Liu is from Dongguan. According to the regulations, he has to go back to his domicile, and the police station does not go to work on weekends. So, Mr. Liu specially asked the company for an afternoon off. After returning to Dongguan, the staff told him that the new ID card needed to be reported for loss first, but he could not apply for a replacement on the day of loss reporting. Mr. Liu went back to Shenzhen and went back more than three months after his ID card was lost. It happened that the company had to apply for a bank card for its employees, and Mr. Liu had to postpone the card application because he didn't have an ID card. On one occasion, when Mr. Liu returned to Shenzhen for customs clearance from Dongguan, he happened to meet the border inspectors to check his documents. He almost couldn't go back to work in Shenzhen because he didn't have an ID card, but fortunately, his social security card played a role in proving his identity.
Bao Jing reporter Huo Min Intern Zeng Haicheng
□ Lawyer's statement
After being fraudulently used, you can only be excused through litigation.
Members of the public should still take care of their identity cards to prevent them from being fraudulently used.
"Although the Ministry of Public Security has a clear answer, the ID card can be exempted after being fraudulently used. However, the exemption must be carried out through litigation procedures, and fraudulent use can be found out through the court. " Zhang Xingbin, a lawyer of Jinka Law Firm Shenzhen Branch, said that citizens should also take good care of their ID cards.
Zhang Xingbin said that the Law on Resident Identity Cards, which came into effect on June 5438+1 October1,2004, did not stipulate whether it was necessary to report the loss of a resident identity card or make a statement in the newspaper, which led to different requirements in different places. This reply from the Ministry of Public Security has unified the replacement procedures for lost identity cards throughout the country, which not only facilitates the masses and saves expenses, but also puts forward clear requirements for local public security organs.
"It is irresponsible to be fraudulently used after the ID card is lost. In fact, there is nothing new. " Zhang Xingbin said that even if the Ministry of Public Security doesn't give such a reply, the person who has been fraudulently used will not have to bear legal responsibility according to law, but the person who has been fraudulently used will often be involved in the lawsuit because of fraudulently using others. In the end, it can only be exempted after the court finds out the fraudulent use. This reply from the Ministry of Public Security can't solve the lawsuits that fraudulent users may face, so fraudulent users can't sit back and relax. Each of us should keep our ID cards as before.
Zhang Xingbin also reminded the general public that in life and work, if it is necessary to submit a copy of my ID card, it is best to develop the habit of indicating the scope of application and authority on the copy.
Bao Jing reporter Wang Zhiming