The platform is jointly built and maintained by Huzhou Intermediate People's Court, Huzhou Daily Newspaper Group, Huzhou Banking Supervision Branch and major banks in the city. The platform launched in the first phase has ten functions, including public exposure, public inquiry, joint punishment, information reporting, online reporting (supervision), social supervision, reward announcement, judicial auction, case inquiry and big data analysis. Among them, the most important function is to focus on exposing and punishing faithless people. In addition to the basic information of the case, they can also expose photos, ID numbers, addresses and other information as needed to enhance the deterrence of exposure measures.
At the same time, the platform can be pushed to all linkage units through the court dishonesty punishment system and public credit information platform, so as to restrain the high consumption and related consumption behaviors of the executed person, such as flying and high-speed rail. As a result, it is restricted in financing credit, industry access, investment in home ownership, holding important positions and enjoying preferential policies.
Li, president of Huzhou Intermediate People's Court, said that the establishment of such a platform can increase the exposure of those who have broken their promises, so that the parties can't break their promises, can't break their promises, and don't want to break their promises, which is conducive to curbing the problem of "difficult execution" from the source.
In recent years, the informatization construction of courts at all levels in China has advanced by leaps and bounds, and the full use of informatization means has provided great help for the national courts to achieve the goal of "basically solving the difficult problem of execution in two to three years".
In the process of court informatization construction, the Supreme People's Court has successively established the "National Court Executed Person Information Inquiry Platform" and the "Information Publication Inquiry Platform for the List of Executed Persons with Bad Faith". Through these two platforms, the public can inquire and understand the relevant information of the executed person and the executed case, which is helpful to prevent the credit risk in production, life and economic activities. Therefore, we should fully understand and make good use of these two information platforms. So, how to query through two platforms? What are the specific information released by the platform? What is the function of the platform? This may be a problem that the public cares about but is not very clear.
What can the two platforms query?
The National Court Execution Information Inquiry Platform (hereinafter referred to as the Execution Information Platform) was launched in the Supreme People's Court on March 30, 2009, and the website of the platform is "zhixing.court.gov.cn/search/". The Supreme People's Court has specially formulated "Several Provisions on Handling Information Objections on the Information Enquiry Platform of the National Court Executed Persons" to standardize the operation of the information platform.
The general process of publishing information on the information platform of the person subjected to execution is that after the court accepts the enforcement case, it records the case information into the enforcement case information management system, and then the Supreme People's Court releases the information to the society through the platform.
The scope of cases and information content that can be inquired on the platform shall be determined by the Supreme People's Court. After the public logs on to the platform, they can enter their names and ID numbers for free inquiry. Currently available information includes the name of the person subjected to execution, ID number/organization code, execution court, filing time, case number and execution object. Under normal circumstances, after courts across the country accept enforcement cases and complete information entry, they can quickly find the above information of the executed person on the information platform of the executed person. This is very helpful for understanding the implementation of legal documents and the credit status of specific personnel and enterprises. If the parties think that the published information is wrong, they can raise objections and ask for a review. After the case is actually executed, the information of the person subjected to execution can be blocked.
The information publishing and inquiry platform of the national court's list of people who have been executed in bad faith (hereinafter referred to as the information platform of people who have been executed in bad faith) was established after the implementation of the "Several Provisions on Publishing the Information of the List of People who have been executed in bad faith" formulated by the Supreme People's Court. The website of the platform is "shixin.court.gov.cn". When the court makes a decision in the process of execution, it will include the persons who meet the requirements of Several Provisions on Publishing the Information of the List of Persons Subject to Dishonesty into the list of persons subject to dishonesty. At the same time, the information of the untrustworthy executors will be entered into the database of the list of untrustworthy executors, and then the Supreme People's Court will release the information to the society through the platform.
After the public logs on to the website, they only need to enter some names and titles to inquire for free. The information that can be found includes the name/position of the person subjected to execution, ID number/organization code, execution court, case number, obligations determined by effective legal documents, performance of the person subjected to execution, details of dishonesty, release time, etc. At present, except for military courts, all those who are listed in the list of dishonesty can be found on the platform, which is very beneficial for punishing those who have been untrustworthy and understanding the dishonesty of specific personnel and enterprises. Similar to the information platform of the person subjected to execution, if the parties think that the information is wrong, they can apply to the court for correction. After the person subjected to execution has fully fulfilled his obligations, he may also block the information.
Similarities and differences between the two platforms
Whether it is the information platform of the executed person or the information platform of the untrustworthy executed person, the information of the executed person's name, case number, execution object and so on will be published. However, the scope and functions of information released by the two platforms are not exactly the same.
The scope of information released by the two platforms can be simply expressed as "information of the executed person" and "information of the untrustworthy executed person". The information platform of the executed person publishes relevant information after all the execution cases are accepted, and the information platform of the untrustworthy executed person publishes relevant information of the untrustworthy executed person. The former has a wider range of information, while the latter only points to the untrustworthy.
The purpose and function of the two platforms are different based on the different scope of information released. The information platform of the executed person belongs to the information disclosure initiated by the court, which generally announces the basic information of the cases executed by the national courts to the public, and does not directly explain the performance of the executed person. Its main purpose is to facilitate the public to obtain case information and serve production, life and economic activities, rather than punishing the executed person with credit. Of course, the information released by the information platform of the executed person has actually played the role of credit early warning. Because the person subjected to execution is applied for execution only after he has not actively and completely fulfilled his obligations stipulated in legal documents, there is the possibility of further dishonesty in the execution process, and the public can judge the credit status of the person subjected to execution accordingly.
However, the information platform of the person who has broken faith will focus on publicizing the performance and dishonesty of the person who has been executed, which has obvious credit punishment effect. Moreover, the court will not publish the information of the executed person in other media outside the information platform of the executed person, but will publish the information of the executed person's dishonesty in newspapers, radio, television and internet outside the platform according to the actual situation, and will also notify relevant government departments, financial regulatory agencies, financial institutions, credit reporting agencies and other units for the relevant units to punish the executed person's dishonesty in government procurement, bidding, financing and credit. Therefore, although the information released by the information platform of the person subjected to dishonesty is not as much as that released by the information platform of the person subjected to dishonesty, it is accompanied by severe credit punishment that the latter does not have.
For the court, the information platform of the executed person and the information platform of the untrustworthy executed person can promote the construction of the social credit system, publicize and punish the dishonest behavior, and are sharp tools to solve the difficult problem of enforcement through information means; For the public, when engaging in various economic activities, consulting the information released by the two platforms can understand each other's credit status and prevent credit risks; For the executor, once the relevant information is published by the two platforms, it means that his credit status and dishonesty are known to the public, and his life, consumption and business may be affected, so there is great pressure to urge the executor to fulfill his obligations.
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