Today (May 19), the Supreme People’s Court held a press conference. It was introduced at the meeting that some dishonest persons subject to enforcement are obviously rich, but they transfer property in advance through fake divorces, related transactions, etc., resulting in the phenomenon of “no money” for enforcement. Evasion, evasion, and resistance to enforcement in various ways are the key targets of the enforcement work of the people’s courts.
The relevant person in charge of the Supreme Law stated that the most effective means of combating evasion of enforcement is to improve the ability to enforce work. Among them, the most important thing is to improve the ability to execute investigation and control, and further expand the functions and coverage of the network investigation and control system. At present, a network investigation and control system with the Supreme People’s Court as the main “general to general” and local courts as “point-to-point” has been established. More than 3,900 banking financial institutions are connected to the Internet, and can inquire about 25 items of information in 16 categories, such as deposits, vehicles, securities, online funds, wealth management products, and real estate. It improved the efficiency of execution and realized a fundamental change in the way of execution investigation and control.
As of the end of April 2023, courts across the country have investigated and controlled a total of 136.2808 million cases through the network investigation and control system, frozen funds of 2.804458 trillion yuan, queried 819.6389 million pieces of real estate information such as houses and land, 190.18 million vehicles, 4219.543 billion shares of securities, fishing boats 3.7179 million ships and 100.975 billion yuan in network funds, effectively safeguarding the legitimate rights and interests of the winning parties. This year, the “headquarters-to-headquarters” network investigation and control system will be further upgraded to connect with the people’s court’s big data management and service platform, and promote the realization of the “headquarters-to-headquarters” inquiry function of the parties’ real-name registered phone numbers, delivered addresses and household registration information ; Strengthen information sharing with the Ministry of Natural Resources, the People’s Bank of China, the State Administration of Taxation, and the State Intellectual Property Office, and broaden the scope or depth of investigation and control; Integrate the transformation of inquiry, freezing, and deduction in the investigation and control system to shorten the execution query cycle and improve execution efficiency .
Carry out joint credit punishment in depth to boost the construction of a social credit system. Create a social atmosphere in which “keeping promises is honorable and breaking promises is shameful”, and consciously fulfill obligations. Since the Supreme People’s Court established the list system of dishonest persons subject to enforcement in 2013, we have signed documents with 60 units including the National Development and Reform Commission to promote the construction of credit monitoring, warning and punishment mechanisms for dishonest persons subject to enforcement, and adopted 150 disciplinary measures in 11 categories and 37 items For dishonest persons subject to enforcement who hold public office, party representatives, people’s congress representatives, members of the CPPCC, travel, house purchase, investment, bidding, air travel, soft sleeper trains, all seats in EMUs with the prefix G, and first-class or higher seats on other EMUs, etc. Restriction measures have achieved good results, demonstrating legal authority and judicial credibility, and truly achieving the effect of “breaking trust in one place and being restricted everywhere” for dishonest persons subject to enforcement, which has effectively boosted the construction of a social credit system. As of the beginning of April 2023, more than 11.44 million people have voluntarily fulfilled their obligations under the pressure of credit punishment.
Continuously improve the working mechanism for cracking down on the crime of refusal to execute the law. In recent years, in accordance with the deployment and practical requirements of the central government, the people’s courts, together with the public security, procuratorates and other political and legal agencies, have taken the following series of measures, including jointly launching a special action to punish the crime of refusal to carry out the crime, and promulgating the “Supreme People’s Court’s Regulations on Refusal to Execute Judgments and Rulings in Trials” The Interpretation of Several Issues Concerning the Application of Law in Criminal Cases stipulates that the channels for public prosecution and private prosecution shall be unblocked, and the leading role of typical cases shall be brought into play, etc., a normalized working mechanism for cracking down on crimes of refusal to carry out crimes shall be established, a high-pressure situation of cracking down on crimes of refusal to carry out crimes shall be maintained, and the legitimate rights and interests of parties concerned shall be effectively safeguarded. .
Explore the establishment of a big data intelligent analysis system, leverage big data and artificial intelligence, intelligently analyze the behavior of the person subject to enforcement, analyze its ability to perform, and accurately detect evasion of enforcement behavior. For example, the Guangzhou Internet Court developed the “E-Chain Cloud Mirror” intelligent analysis system, built an analysis model of “static data + dynamic behavior”, and integrated dynamic data such as mobile payment, online shopping, large-amount consumption, network activity trajectory, and credit rating evaluation of the person subject to enforcement , Build a five-level evaluation system for the execution ability of the person subject to enforcement, and generate a report on the performance ability of the person subject to enforcement with one click, so that the dishonest person subject to enforcement can be exposed. For example, in the case of Feng Mou owed a loan of 5,416 yuan to a certain company, Feng Mou claimed to be unemployed at home and unable to repay, but system analysis found that his online consumption expenditure during the same period was nearly 40,000 yuan, of which “live broadcast rewards” exceeded 10,000 yuan, and the system automatically Assess its full ability to perform. In the execution of a small loan contract dispute case between a small loan company in Guangzhou and Yu, Yu refused to fulfill the repayment obligation on the grounds of inability to repay. 200,000 yuan, the court immediately issued an enforcement assistance notice to the corresponding Internet company, accurately cut off the mobile payment path, and forced the person subject to enforcement to perform all obligations.