You can file a lawsuit in court and take legal forms to protect your rights.

According to the "Civil Procedure Law of the People's Republic of China", the provisions are as follows:

1. Article 3: The People's Court accepts disputes between citizens, legal persons and other organizations. The provisions of this Law shall apply to civil actions brought between them and between them due to property relations and personal relations.

2. Article 119: A lawsuit must meet the following conditions:

(1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case;< /p>

(2) There is a clear defendant;

(3) There are specific litigation claims, facts and reasons;

(4) It is a civil lawsuit accepted by the People’s Court The scope of the case and the jurisdiction of the people's court subject to the lawsuit.

3. Article 120: A complaint shall be submitted to the People's Court and copies shall be submitted according to the number of defendants.

If it is really difficult to write a complaint, you can file a complaint orally, and the people's court will record it and inform the other party.

4. Article 121: The complaint shall state the following matters:

(1) The plaintiff’s name, gender, age, ethnicity, occupation, work unit, Domicile, contact information, name, domicile of a legal person or other organization, and name, position, and contact information of the legal representative or principal responsible person;

(2) Name, gender, work unit, residence, etc. of the defendant Information, such as the name and address of a legal person or other organization;

(3) Litigation claims and the facts and reasons on which they are based;

(4) Evidence and sources of evidence, names of witnesses and residence.

Extended information

The first major domestic case of using malicious billing software to deduct huge amounts of phone bills from mobile phone users was recently ruled by the Shenzhen Intermediate People’s Court of Guangdong Province in the first instance. The defendant Ren Qing, Zheng Shaoning, Wang Zhaofeng and other 16 people were sentenced to fixed-term imprisonment of 15 years to 3 years with probation of 3 years and fines for the crime of theft; the illegal gains were recovered and turned over to the state treasury.

After hearing the case, the Shenzhen Intermediate People’s Court found that in November 2010, Ren Qing, Zheng Shaoning, Wang Zhaofeng and others established Shenzhen Xinlian Intercom Technology Co., Ltd., and Ren Qing was responsible for the company’s major decision-making and financial management. , Wang Zhaofeng serves as the general manager and is responsible for managing specific businesses, and Zheng Shaoning is responsible for the company's business management.

During the company's operation, Ren Qing, Zheng Shaoning, and Wang Zhaofeng decided after discussion that Xinlian Intercom would develop malicious chargeback software and implant it into the mobile phones of mobile phone solution providers and manufacturers. Through the acquisition of Guangzhou Chuxiang Communications Technology Co., Ltd. and other SP companies (telecom service providers) cooperate with other SP companies to use the SP deduction channels obtained by the above-mentioned companies from telecom operators to deduct fees without the knowledge of mobile phone users to obtain illegal profits. .

From April 2011 to July 2012, Xinlian Intercom deducted a total of 672,609,035 yuan from mobile phone users’ phone bills through malicious deduction software, in accordance with the agreement with SP Company, mobile phone solution providers or manufacturers. Share the spoils proportionally.

In September 2011, the defendants Zhong Tao, Xu Yifeng, and Xiao Meng, who worked at Shenzhen Yalitong Technology Co., Ltd., negotiated with Wang Zhaofeng of Xinlian Intercom Company to use the mobile phone software developed by the company. China Secret implanted malicious chargeback software developed by Xinlian Intercom.

As of July 2012, Xinlian Intercom deducted more than 46.66 million yuan in mobile phone user fees through the company’s implanted software. Zhong Tao received more than 1.48 million yuan, and Xu Yifeng received more than 1.48 million yuan. He received more than 150,000 yuan, and Xiao Meng received more than 90,000 yuan.

In November 2010, defendants Zhu Hai, Lu Zhao, Zhang Xinxin, and Chen Zhecong, who worked at Shenzhen Yatong Technology Co., Ltd., successively transferred Xinlian Intercom Company and Shenzhen Coolang Culture Communication Co., Ltd. The company's malicious charging software is implanted into mobile phones to secretly charge mobile phone users without their knowledge in order to obtain illegal profits.

As of July 2012, Xinlian Intercom Company deducted more than 970,000 yuan through the malicious deduction software implanted by Asiacom Company, and Asiacom Company and Zhu Hai received more than 530,000 yuan. . As of September 2012, Kulang Company had deducted more than 102,000 yuan through the malicious deduction software implanted by Asiatong Company, and Asiatong Company received more than 30,000 yuan.

During the trial, Ren Qing, Zheng Shaoning, Wang Zhaofeng and others and their defenders respectively proposed that the defendant’s behavior was civil or commercial and did not constitute a crime; or that it constituted the crime of illegal control of computer information systems. It does not constitute theft; or it may be argued that the crime was committed by the unit and that the defendant did not commit a crime personally.

The Shenzhen Intermediate People’s Court held that in order to obtain illegal benefits, Xinlian Intercom Company signed an agreement with SP Company to obtain the deduction channel, and then cooperated with mobile phone solution providers and manufacturers to transfer Xinlian Intercom The company's malicious charging software is implanted into mobile phones, and mobile phone users are automatically charged without knowing it after turning on the phone or clicking on relevant games. Xinlian Intercom controls the number and amount of deductions through the backend server. The monthly charges for a mobile phone range from a few yuan to dozens of yuan.

Through the above methods, an illegal business chain of "SP company - Xinlian Intercom - mobile phone solution provider and manufacturer" was formed, with a total illegal profit of more than 67.26 million yuan. Xinlian The interoperability company and relevant SP companies, mobile phone solution providers, and manufacturers will share the spoils in accordance with the agreed proportions. The facts of the case are clear and the evidence is conclusive and sufficient, sufficient for determination.

The Shenzhen Intermediate People’s Court held that the defendants Ren Qing, Zheng Shaoning, Wang Zhaofeng and others secretly stole mobile phone user charges through malicious deduction software. The amount was particularly huge, and their behavior constituted the crime of theft. The circumstances of the crime are egregious, the consequences are serious, the harm to society is great, and should be punished in accordance with the law.

Although each defendant committed a crime in the name of his or her unit, this does not affect the prosecution of each defendant's criminal liability. There are hundreds of thousands of victims in this case. Although the amount of phone bills deducted from each user is lower than the amount required for conviction of the crime of theft, the cumulative charges deducted by each defendant amount to tens of millions of yuan, which far exceeds the amount required for conviction of the crime of theft. The amount standard does not affect the determination of the nature of the theft by each defendant.

For this reason, the Shenzhen Intermediate Court made the above judgment in accordance with the law based on the status, role, confession and repentance of each defendant.

China National People's Congress Network - "Civil Procedure Law of the People's Republic of China"

Xinhuanet - The first verdict in the case of malicious billing software deducting huge phone bills