The IT Construction in the Chinese Courts to Improve the Quality and Efficiency of the Judgment-Enforcement Work
Judge of the Enforcement Department of the Supreme People's Court of the P.R.C.
Ladies and gentlemen,
I am honored to be appointed by the Supreme People's Court of China and attend this conference. Now I would give a brief introduction on the developments of the Chinese courts in the implementation of the IT construction.
In recent years, with the rapid development of modern information technology, Chinese courts have made great efforts to promote the IT construction and establish a nationally connected Case Handling & Enforcement Network of the court system, which could help attain the goal of promoting the construction of a check and control network, stimulating the network judicial auction, introducing a system of publishing the name list of the incredible judgment debtors, generalizing online case filing system and disclosing the key information.
Firstly, establish a national Case Handling & Enforcement Network.
By formulating unified management, Chinese courts reshape the case handling process, implementing various paper management standards into the computer control process, providing guidelines for case handling and establishing a nationally connected Case Handling & Enforcement Network in the four levels of the court system, which could help realize the online whole-process monitoring, standardization of the working methodology with improved efficiency.
Secondly, promote the construction of the check and control network.
The SPC formed a landscape of comprehensive governance based on the difficulties in enforcement and cracked longstanding problem of "finding people and property". By working with a dozen of departments, including the Ministry of Public Security, State Administration for Industry and Commerce, People's Bank of China and China Securities Regulatory Commission, the SPC established an online enforcement investigation and control system to get all information on major forms of properties, such as deposits, houses, vehicles and securities. Without going out, enforcement judges could inquire relevant information on properties of the enforced in accordance with law, which is a fundamental reform of the enforcement model.
SPC has established a nationwide network enforcement search and control system with SPC as the core, supplemented by high people’s courts. Dedicated connection between SPC and head offices of the banks is established. Any court in China including any people’s tribunals can send search and control request through the system to SPC, and receives feedbacks.
The check and control network improve the efficiency of property control, reducing the execution cost, and protecting the legitimate rights and interests of the parties efficiently and effectively.
Thirdly, promote judicial auction online.
According to our rough statistics, in the property that being investigated and controlled by courts, the deposit only takes up 40%, the rest paid to the parties could only be assessed or auctioned to cash. Traditional auction turnover rate is low, and the premium rate is low too.
from 2012 onwards, District Court take the lead in judicial auction online, the online auction shopping, registration, bidding, transactions and all other procedures are completed on the Internet, which is very convenient. This approach got a positive response quickly from the courts, which make the auction turnover rate keep low and increased the premium rate significantly. Supreme People's Court issued a special judicial interpretation of the judicial auction, to standardize the relevant procedures. From January 1th 2017, the network judicial auction has been fully implemented in the national courts.
Take the largest auction site "Taobao" as an example, while now, the total auction reaches are nearly 480 thousands, auction items are 240 thousands, the turnover is 330 billion yuan, the average turnover rate reached 90.66%, the premium rate reached 72.63%, which save the commissions for parties up to 10.1 billion. For instance, the largest turnover of current network of judicial auction was a land use rights of Yancheng City, Jiangsu Province Intermediate People's Court auction of land use rights, which was dealt at the first time. The auction has 2 people to participate in the bidding, there are more than 40,000 people concerned about the auction through the Internet, after 783 times delay, 901 bids, starting price at 1.66 billion yuan, the final transaction price was 2.63 billion yuan, the premium rate highly up to 57%. As we can see, the effect of judicial property disposal through the Internet is still very good.
Fourthly, introduce publishing system of the name list of the incredible judgment debtors.
Aiming at the behavior of parties to avoid the implementation of resistance and the transfer of hidden property, we introduced judicial interpretation in 2013, which introduce a system of publishing the name list of the incredible judgment debtors and impose the sanctions to limit the actions of the incredible judgment debtors in many ways, so that let people realize that “one incredible action will trigger the limitations everywhere”. Up to now, the released number of the incredible judgment debtors list up to 8.28 million.
In January 2014, the Central Civilization Office, the Supreme People's Court, the Ministry of Public Security, the State Council SASAC, the State Administration for Industry and Commerce, China Banking Regulatory Commission, China Civil Aviation Administration, China Railway Corporation and other eight departments jointly signed “cooperative Memorandum of building honesty and dishonesty” to share the information of the incredible judgment debtors. The departments would give the credit punishment to the incredible judgment debtors in their own duties.
In January 2016, the National Development and Reform Commission, the Supreme People's Court, the People's Bank of China, the Ministry of Public Security and other central 44 units jointly signed "cooperative memorandum of collaborative enforcement actions on incredible judgment debtors", to push the dishonest implementation of eight categories of 55 Disciplinary measures, involving more than 30 key areas. The intensity of joint disciplinary departments was large and the impact was far-reaching.
In August 2016, the Supreme People's Court, the National Development and Reform Commission, the Ministry of Industry, Ministry of Construction, Ministry of Communications, Ministry of Water Resources, Ministry of Commerce, the State Railway Administration, the State Civil Aviation Authority 9 units jointly issued an official document named "Notice on collaborative enforcement actions to incredible judgment debtors", to push the collaborative enforcement actions to incredible judgment debtors in the field of bidding, and to limit the dishonesty of the implementation of the tender activities, tender agency activities, evaluation activities and tender activities.
In addition, we also cooperated with the State Administration for Industry and Commerce, the People's Bank of China Credit Center, the CBRC, banking financial institutions, the Ministry of Agriculture, the Ministry of Communications, the Commission, the preparation of the Ministry of Public Security National Citizenship ID number inquiry center, AQSIQ National Organization Code Management Center, the National Federation of Industry and Commerce, UnionPay, China SME Association, Alibaba, Jingdong, Tencent, Baidu and other departments, to push the joint credit disciplinary in the relevant areas.
Up to now, the cumulative number of people which limited to buy air tickets is 7.98 million, and 3.13 million passengers were limited to buy soft sleeper train, high-speed rail, and other first class seats of EMU. More than 70,000 people were forbidden being as legal representatives and executives. And, one case in point is that only Industrial and Commercial Bank of China has Refused to apply for loans and credit cards from incredible judgment debtors for more than 1.242 million yuan, which help avoid credit risk funds up to 8.47 billion yuan.
Lastly, disclose the execution information effectively.
The SPC improved four publicity platforms – namely trial process, court hearings, judgments and enforcement information – and further expanded the width and depth of judicial openness, so that people can truly experience impartiality and justice. The parties can use the online case filing system to inquire about the basic information of the execution cases, the situation of incredible judgment debtors, execution of the referee document information. They can also log in by their own name, identity card number, the number of implementation case to query the case information, including the case filing, legal instruments of enforcement, the procedure of enforcement, the amount subject to enforcement, suspended execution, the implementation of closed and other information, to see the progress of the whole case. Through the name of the person subject to enforcement, we could search the case in the information database, including the basic information of executor, the case number, filing time, the court name, the legal documents to determine the obligations of the parties, the implementation situation and so on; through the subject can query judicial auction information online. The public can inquire the filing standards of implementation of the case, start procedures, the reduce condition of implementation fees and procedure, the implementation of risk tips, reward announcements, case information and so on.
Up to now, the online case filing system in China has published more than 31.66 million pieces of information, the implementation information of people being executed is over 44.77 million, the information of incredible judgment debtors is around 8.28 million, which enhance the implementation of transparency effectively.
Ladies and gentlemen, I hope that through my brief introduction, you can have a basic understanding of the implementation of information technology in Chinese courts. There is a saying goes that "It is better to see once than hear a hundred times." I sincerely invite you to come to China and have a look at the achievements of IT construction made in Chinese courts.