Execution is the â€œlast mileâ€ of judicial cases, and â€œdifficulties in implementationâ€ directly affects social fairness and justice. This year is the year of the People's Court's decisive battle for "basic settlement of implementation difficulties." The courts at all levels have continuously improved the ability to search for people and improve the system of disciplinary punishment for those who have failed to commit letters, so that the untrustworthy will have nowhere to go, and it will be difficult to step by step.
Credit punishment allows Lao Lai to "do not move"
"Judge, I can't stand it. I will pay back the money now. You can help me to cancel the ring tones!" Recently, a man hurriedly found the Tianchang City People's Court of Anhui Province to fulfill the repayment obligation of two cases and accepted A fine of 4,000 yuan.
It turned out that the Tianchang City People's Court cooperated with the communication company to set up an exclusive ring tones for 34 "Lai Lai". Liu was on the list. Liu thought that he had been outside for a long time, and the court had nothing to do with him. He did not expect that the credit punishment measures would make him face clean, so he quickly owed the arrears.
"One of the major difficulties in 'implementation is difficult' is that the parties evade execution." Meng Xiang, director of the Supreme Court Executive Directorate, said that in order to solve this problem, the people's courts have established a "list of enforced persons who have lost trust" and united with various state organs and societies. Groups, enterprises and institutions implement joint credit punishment on the enforced persons included in the list, constantly compressing the living space of the executed person and forcing them to fulfill their obligations on their own initiative.
â€”â€”In 2013, the system of list of untrustworthy enforcers was established.
â€”â€”In 2014, the automatic comparison and automatic interception of the aircraft and high-speed trains of the untrustworthy executed persons were realized.
â€”â€”Since 2016, the disciplinary measures have been extended to the public and party representatives, the deputies to the National People's Congress, the CPPCC members, and all aspects of economic and social life such as travel, home purchase, tourism, investment, and bidding.
The data shows that from October 2013 to June 30 this year, the national courts issued a total of 11.23 million cases of untrustworthy enforced persons. A total of 12.22 million people were allowed to purchase air tickets, and 4.58 million people were restricted to buy motor trains and high-speed rail tickets. The enforced person who restricted the letter of loss was the legal representative of the company and the executives of 280,000.
At the same time, the National Court has sentenced a total of 7,590 people to refusal since 2016. The cumulative number of detainees in the country has been more than 279,000 person-times, limiting the number of exits to more than 28,000 person-times, forming a powerful momentum against escaping and evading execution.
Under heavy punches, 2.8 million untrustworthy executors in the country have automatically fulfilled their obligations under the pressure of credit punishment. As the automatic implementation rate of the executed person increases, the list of untrustworthiness has shown a downward trend.
Check out the "Lao Lai" property
When the executive judge sits in his own office, he can execute the inspection and control system through the Supreme Law â€œTotal Totalâ€ network to view the property information of the depositee, securities, equity and other assets. With a click of the mouse, you can freeze the bank account that â€œLai Laiâ€ is thousands of miles away...
It is crucial to shock the "Lai Lai" and improve the court's ability to find people. According to Meng Xiang, since 2014, the Supreme Law has established a network implementation inspection and control system to inspect and control the enforced person and its property through information, network and automation. The scope of investigation and control has reached more than 3,800 banks, and it is connected with the Ministry of Public Security, the Ministry of Transport, and the Ministry of Civil Affairs. It can inquire about 16 categories of 25 items of information such as deposits, financial wealth management products, ships, vehicles, securities, and network funds. In the investigation and control system, the people's courts gradually realized the "one network check" of all kinds of "Lai Lai" property.
The data shows that the National Court passed the inspection and control system of the â€œTotal Generalâ€ network of the Supreme People's Court, providing inquiry and freezing services for more than 51,724,500 cases, a total of 269.975 billion yuan of funds were frozen, and 40,316,600 vehicles and 85,362 million shares of securities were inquired. There were 840,600 fishing vessels and ships, and Internet deposits of 8.059 billion yuan.
In the year of the "basic settlement of implementation difficulties", the people's court network inspection and control capabilities are continuing to "upgrade" -
The insurance and wealth management product inspection and control function will be online soon, and you can check the insurance product name, policy number, and accumulated premium payment.
Marriage registration information, subsistence allowance information, and social organization registration information inquiry functions are expected to go online in the second half of this year.
Cooperation with the Ministry of Public Security to find the whereabouts of the executed person and establish a vehicle seizure and seizure cooperation mechanism is progressing steadily.
"We will further improve the network implementation of the inspection and control system, working hard on the breadth and depth." Meng Xiang said.
Let honesty and trustworthiness reach people's hearts
On July 10th, the tenth issue of the National Court of Justice was held in Nanjing, Jiangsu Province. From morning to late night, 28 cases were executed under the witness of netizens, and the number of "onlookers" reached more than 40 million.
"It is time for people who owe money to not pay back is no longer arrogant!" "Difficult to attack, the rule of law is clear!" On the live webpage, netizens commented.
The implementation of judicial cases and the "Lai Lai" to the public through the form of full-media live broadcast is an innovative move by the people's court to crack the "difficulties in implementation", and it is also conducive to perfecting the social credit system and making the concept of honesty and trustworthiness deeper. People's heart.
"The series of actions we have taken to combat the refusal to implement and to construct a credit disciplinary mechanism are important supplements to the social credit system." Meng Xiang said that the people's courts have a judicial credit system for ex post punishment for dishonesty, whether it is already Those who are untrustworthy, or who are on the verge of dishonesty, can sound the alarm of judicial sanctions.
Experts said that with the establishment of the judicial credit correction system, the public can also use the open information of the people's courts to avoid potential business risks and better protect their legitimate rights and interests.
"There is still a lot of way to improve and perfect China's social credit system. The credit correction system built in the basic implementation of the implementation of the special action is just a new starting point for us." Meng Xiang said, "We will continue to improve Some systems and mechanisms,
To protect the social life of the people. â€
Related reading: "Lao Lai list" markedly improved the pace of capital construction in the capital market
The integrity of the capital market is in full swing. Since June, the China Securities Regulatory Commission has issued two batches of 77 capital market â€œLao Laiâ€ lists. On July 1, the revised "Measures for the Supervision and Administration of the Integrity of the Securities and Futures Markets" was implemented and became the first capital market integrity regulation formulated by the China Securities Regulatory Commission.
Han Jiaping, director of the Credit Research Institute of the Ministry of Commerce, told reporters that listed companies, as the best in the enterprise, should serve as a model for compliance. Grasping the integrity of listed companies is to seize the key minority, which is of great significance to the construction of the entire social credit. However, there are difficulties in the integrity construction of listed companies, such as insufficient performance and difficulty in collecting information. Therefore, a third-party evaluation agency for capital market integrity should be established.
"Old Lai list" is effective
"This case dragged on for three years, from the grass-roots court to the intermediate court, and then to the provincial high court until the Supreme People's Court. After repeated judgments, the other party lost the case. But the other party refused to implement it, and even the court's decision was sent to them. They don't accept it." Recently, Cai Hui, a mall owner in Yichang, who was involved in a leasing dispute with a listed company's subsidiary, complained to reporters.
However, in mid-June, the subsidiary of the listed company appeared in the list of the national people's untrustworthy executors in the Supreme People's Court, commonly known as the "old ruin list", which made Cai Hui see the dawn of dispute resolution.
On June 1, the CSRC will publish the first batch of 31 capital market â€œLai Laiâ€ on the â€œCredit Chinaâ€ website. On July 2, the CSRC released the second batch of 46 capital market â€œLai Laiâ€ list. . Including overdue non-performance of securities and futures administrative fines and penalties and the related entities of listed companies overdue non-compliance with public commitments. The above-mentioned publicized persons will limit the use of high-level seats for trains and civil aircraft within one year.
This is another major measure of the integrity of the capital market following the "listed company integrity file" and the "black list" system. Chang Depeng, a spokesperson for the China Securities Regulatory Commission, said that the move is a new new disciplinary measure for violations of laws and regulations in the capital market, which is conducive to consolidating the long-term, stable and healthy development of the capital market. In the future, the CSRC will routinely announce the list on a monthly basis and continue to punish the old market behavior of the capital market in accordance with the law.
There are many well-known names in the two batches of "Lai Lai" list, including the founder of LeTV, Jia Yueting, the founder of Xiang Eqing, Meng Kai, the release of 1001 items, the remarks of the stock market, the black mouth of the stock market, Liao Yingqiang, and the chairman of the company, Wei Xin, etc. The listed companies involved in the "Lai Lai" include Kunming Machine Tools, which has been delisted, and Jinya Technology, which is withdrawing from the market.
Chen Bo, a partner of Deheng Law Firm, told reporters that the inclusion of the list of untrustworthy enforcers has a greater impact on the credit of listed companies, and the company's annual inspection, financing and other aspects may be affected.
After the publication of the "Lai Lai" list, the disciplinary effect was initially revealed. The China Securities Regulatory Commission said that after the first batch of "Lao Lai" list was announced, in late June, the party Yang Moumou took the initiative to contact the dispatched agency to pay a fine of more than one year. The SFC removes it from the list as required. Xing Mou, Qian Moumou, Yang Moumou and others took the initiative to pay all the fines, and the CSRC no longer included them in the proposed list. The second batch of Lao Laiâ€™s list was only three days old. Yi Shite announced on July 5 that the companyâ€™s actual controller, He Simo, had paid the total amount of RMB 128 million to the CSRC in accordance with the decision.
The proportion of illegal and untrustworthy letters is high
Looking at the list of the two batches of the old rulings of the China Securities Regulatory Commission, many financial institution executives had only 10,000 yuan and 30,000 penalties for penalties, but they did not pay the fines on the list. Some investors have raised questions. "Why would they rather go to the old list, and even tens of thousands of fines are not willing to pay?"
"This small amount is definitely not a problem of ability, it is a problem of consciousness. In the past, the cost of losing trust was low, so many people did not care very much and could not play a disciplinary role. There is not much means for disciplining the untrustworthy by a single department of the CSRC. "Han Jiaping told reporters, "And the untrustworthy executors jointly punished and increased the cost of losing trust. After the blackmail was blacklisted, it did not increase the amount of fines for him, but it was inconvenient for him to travel and reported through publicity. Informed pressure on him. Through joint punishment, a sense of dishonesty is achieved, and everything is limited."
Han Jiaping said that the listed company's dishonesty behavior generally includes two aspects, one is illegal violations, that is, violation of some laws and regulations. The other is not fulfilling the contract, there is a problem with compliance. In particular, breaking the law and breaking the letter is a relatively serious act of dishonesty.
Recently, the China Securities Regulatory Commission announced the integrity of the capital market in 2017. From the situation of illegal and untrustworthy behaviors, information disclosure illegal and dishonesty accounted for 47.4%, and internal control management illegal and untrustworthy behavior accounted for 21.5%.
Judging from the situation of illegal and untrustworthy entities, there were 1,072 institutions with illegal and untrustworthy records in 2017. Among them, the relevant entities of listed companies, relevant entities of private fund managers and related entities of non-listed public companies mainly accounted for 60.2% of all illegal and illegal entities; there were 1,716 individuals with illegal and untrustworthy records in 2017. Among them, the listed company's directors are mainly senior officials, accounting for 54.0%.
Market participants said that some listed companies' controlling shareholders or actual controllers have long occupied funds and illegal guarantees, but they used subtle "financial tricks" to whitewash their performance; some financial institutions have turned their backs on dividends, asset restructuring, performance disclosure, and reduction. Commitments and other aspects are based on laws and regulations, and repeatedly defraud the regulatory authorities and investors. These long-suffering behaviors for investors will face the punishment of â€œinability to moveâ€.
Continue to promote the construction of integrity
Up to now, the National Development and Reform Commission and relevant departments have signed 36 memorandums of joint reward and punishment cooperation, and formulated more than 100 joint reward and punishment measures, initially establishing a "initiation-response-feedback" mechanism.
Han Jiaping believes that listed companies, as public companies, should be subject to public supervision. Moreover, listed companies, as the leader in the enterprise, should be used as a model for compliance. Grasping the integrity of listed companies is to seize the key minority, which is of great significance to the construction of the entire social credit.
However, he said that there are two difficulties in the integrity construction of listed companies. First, the company's own compliance awareness is not strong enough. Second, there are certain difficulties in the collection and disclosure of untrustworthy information.
To this end, Han Jiaping suggested that, on the one hand, through joint measures such as disciplinary action, increase the cost of trustworthiness of listed companies and increase their sense of integrity; on the other hand, enterprises should establish a set of honest management system; finally, the securities market should be established. Integrity rating system, in order to effectively supervise the integrity of each institution, a third-party evaluation agency should be established.
An airline executive told reporters that after the Civil Aviation Administration issued the corresponding blacklist management system, the company's leaders attached great importance to it and required to establish an integrity management system within the company. Manage the company itself, employees, and even customers and suppliers, and provide early warning of possible risk of loss of trust. "Because the inclusion of the blacklist of blackmail, it is necessary to retain a certain period of time, which will have a great impact on the reputation and brand of the company," he said.
The pace of building credit in the capital market of the regulatory authorities such as the China Securities Regulatory Commission is accelerating. In addition to the announcement of the "Lao Lai" list, the revised "Administrative Measures for the Integrity Supervision of the Securities and Futures Markets" will come into effect on July 1. The "Administrative Measures" integrates the use of integrity information into the activities of classified supervision, administrative licensing, and daily supervision to achieve positive incentives. In addition, it is required to establish a credit management system for key market entities, and implement supervision and management of credit classification for various market entities.
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