At present, there are still many provinces in the country that have not yet opened the network implementation inspection and control system for cooperative banks, and have not yet realized the networking of deposit information between courts at all levels and commercial banks. The cooperation information is directly transmitted between the courts at all levels, branches and savings outlets of commercial banks through the network, which integrates the three-dimensional inspection and control mechanism for checking, freezing and deducting the bank deposits of the executed person.
Inquiring, freezing and deducting the bank deposits of the executed person are the most commonly used enforcement measures in court cases.
However, due to the large number of commercial banks in China, many savings outlets of commercial banks, and some of them are not connected to the internet, and there are local commercial banks in all provinces of the country, the executed person can open multiple accounts in different banks and their savings outlets across regions and provinces.
There are too many cases in the grass-roots courts, and it is necessary for the executors to go to the relevant banks to inquire, freeze and deduct the bank deposits of the executed persons. Some financial institutions even provide the codes of savings outlets when inquiring, so it is difficult to fully grasp the names and addresses of savings outlets. When the court takes enforcement measures such as freezing and deduction, it needs to verify the names and addresses of specific savings outlets, and then look around for savings outlets to handle the procedures of inquiry, freezing and deduction, which consumes a lot of time, energy and energy.
With the rapid development of computer network and communication technology, the use of online banking, telephone banking, mobile banking and credit cards has broken through the traditional banking operation mode and expanded the traditional front desk service process of banks. The person subjected to execution can transfer bank deposits instantly through online banking and telephone banking, but the court has limited means to inquire, freeze and deduct account deposits, so the person subjected to execution can operate bank account deposits anytime and anywhere.
When the court takes enforcement measures such as inquiry, freezing and deduction, if there is a slight negligence or fault, the person subjected to execution will quickly transfer the account funds through simple operations, thus making the court's inquiry, freezing and deduction measures invalid.
The Supreme People's Court's regulations on online inquiry and freezing the deposits of the executed person are a new deterrent mechanism and a new way for the people's court to establish an information inquiry system and an information inquiry system of financial institutions to check and control the bank deposits of the executed person. In the process of handling enforcement cases, the people's court can execute and complete the execution measures of inquiring, freezing, deducting, freezing and unfreezing the bank deposits of the person subjected to execution through the network and the financial institution's inspection and control system, so as to improve the execution efficiency.
At present, some provincial high courts in China have built and opened a network execution inspection and control system covering the middle and primary courts in the province and connecting with major cooperative banks in the province. The opening and operation of this inspection and control system marks a new stage in the informatization construction of people's courts.
As long as there is money in the bank account of the person subjected to execution, the court executor only needs to complete the freezing or deduction procedures within 2 to 3 hours in the office and transfer the corresponding funds to the account of the applicant executor or the account of the enforcement court. It not only saves the execution cost, improves the execution efficiency, but also effectively punishes the person who has broken faith, effectively alleviating the difficulties in finding the person who has been executed and inquiring about the deposit of the person who has been executed.