Preface: In 2016, China’s political and legal organs made progress step by step, actively responded to people’s concerns, and pressed the "fast forward button" to comprehensively promote the rule of law. This website will launch "Awesome, word‘ The elder brother of politics and law ’ " The year-end series of reports on the rule of law interviewed the heads of the Central Political and Legal Committee, the Supreme Law, the Supreme People’s Procuratorate and the relevant departments of the Ministry of Public Security, and made an authoritative interpretation of the progress of the rule of law in China in 2016 and the work priorities for next year.
Xinhuanet Beijing, December 12 (Reporter Yu Ziru, Lu Junyu) In 2016, through information sharing and credit punishment cooperation with other departments, the Supreme People’s Court built a big pattern of joint punishment for people who broke their promises in one place and were restricted everywhere. What is the specific effect? What other major measures will be taken next year? Xinhua reporter recently interviewed Meng Xiang, director of the Executive Board of the Supreme People’s Court.
This year, more than 7.3 million people were restricted from buying air tickets, and more than 1.9 million people bought train tickets.
Xinhua Net: This year, in terms of accurately cracking down on Lao Lai, the Supreme Court has played a beautiful "combination boxing". Please introduce the effects of these combination boxing in detail.
Meng Xiang: We have achieved good legal and social effects in punishing dishonesty.
First, it is conducive to solving the implementation difficulties and safeguarding the legitimate rights and interests of the people. Up to now, we have restricted more than 7.3 million people to buy air tickets and more than 1.9 million people to buy train tickets. Restrict untrustworthy people from serving as legal representatives and senior executives of enterprises for more than 67,000 people. China Industrial and Commercial Bank alone refused to apply for loans and handle more than 550,000 credit cards, involving more than 6.5 billion yuan. The adoption of these measures has created a great deterrent. More than 580,000 people who have broken their promises have voluntarily fulfilled their obligations set out in legal documents, and a number of cases that have been difficult to implement for a long time have been successfully concluded. There are still many people who have been executed, forced by the powerful deterrent of the joint punishment system, voluntarily fulfilled their legal obligations in advance, effectively alleviating the difficulties in execution and safeguarding the legitimate rights and interests of the people.
The CPC Central Committee has attached great importance to the joint punishment of those who have broken their promises. In June this year, the central leading group for comprehensive deepening reform adopted the Opinions on Accelerating the Construction of Credit Supervision, Warning and Punishment Mechanism for those who have broken their promises. On September 14th, the Central Office and the State Council officially issued a document, which is a programmatic document for joint credit punishment of those who have broken their promises and also provides an important policy basis for our joint credit punishment. It marks the initial formation of the difficult work pattern of comprehensive management under the leadership of the Party Committee, coordination of the Political and Legal Committee, supervision of the National People’s Congress, government support, court sponsorship, departmental cooperation and participation of all sectors of society, which will further enhance the ability of implementation and effectively solve the implementation problems.
Second, it has enriched the enforcement means of the people’s courts and safeguarded the legal dignity and judicial authority. The people’s eyes are discerning, and the life and business conditions of the executed person cannot be completely "insulated" from the society. Due to the publication and exposure of the list of people who have broken their promises, it is possible to expose the whereabouts and property of the people who have been executed, which is conducive to solving the difficulty of "it is difficult to find people and find money". It has always been a "long-standing problem" for the person subjected to execution to evade execution and resist execution. For a long time, the people’s courts have lacked effective means to crack down on it, and it is sometimes difficult to achieve practical results by detention, fines and even criminal sanctions. Moreover, these coercive measures have strict applicable conditions and procedures, and their scope of application is limited and they cannot be over-applied. Joint credit punishment measures have expanded the enforcement means of the people’s courts, effectively and accurately cracked down on behaviors such as evading execution and resisting execution, effectively improved the enforcement ability of the people’s courts and safeguarded legal dignity and judicial authority.
Third, it is conducive to preventing risks. The Supreme People’s Court has shared the information of the person subject to breach of trust with the People’s Bank of China and many banking financial institutions. Financial institutions can avoid financial risks by refusing to grant loans to the untrustworthy parties when conducting credit review. When signing contracts and conducting transactions, many market entities inquire in advance in the list of people who have broken their promises to confirm whether the transaction object has broken their promises, which is an important reference and consideration for whether to trade with them, so as to reduce the transaction risk.
The fourth is to promote the construction of social credit system. Justice plays a role in regulating, guiding, evaluating and leading the society. By punishing "Lao Lai" according to law, we can encourage honesty, punish dishonesty, guide people to consciously fulfill their legal obligations and social responsibilities, protect behaviors that conform to social integrity, and punish behaviors that violate social integrity. We can continuously strengthen people’s awareness of integrity, and gradually internalize this awareness into people’s moral literacy, shape new behavior patterns, and promote the construction of social integrity system. Up to now, according to incomplete statistics, 4,504 staff members of government agencies and institutions, 1,310 deputies to grass-roots people’s congresses, 513 members of the Chinese People’s Political Consultative Conference and 187 party representatives have been included in the list of people who have lost their trust. Among them, 31 staff members of government agencies and institutions were dismissed due to dishonesty, 25 were dismissed, 23 were demoted, 383 were affected in relevant qualifications, 89 were cancelled in recruitment or promotion, and 100 grassroots representatives and members were dismissed. The punishment for these special subjects’ dishonesty has played a good exemplary role and effectively promoted the government’s integrity.
In addition, the people’s court’s joint credit punishment for those who have lost their trust has also accumulated useful experience that can be copied and popularized for the joint credit punishment in other fields in China, and has made positive contributions to the construction of the integrity system of the whole country and society.
Make use of new media to continuously expand the exposure of untrustworthy list and form public pressure.
Xinhuanet: What role did the new media play in punishing Lao Lai?
Meng Xiang: As a new media form, the new media is deeply welcomed and loved by the broad masses, and its influence is getting wider and wider. The people’s courts can’t punish dishonesty without the participation and support of the new media. At the beginning of the launch of the list of untrustworthy executors, the Supreme Court and People’s Daily jointly launched the "list of untrustworthy executors", which announced the top 100 untrustworthy executors based on the amount of dishonesty, the time of dishonesty, the number of dishonesty, and the age of dishonesty. The Supreme People’s Court’s official Weibo and WeChat were also used to open the "exposure desk for untrustworthy executors", exposing one natural person and one legal person every day, and regularly exposing typical disciplinary cases of dishonesty; Use the search engine of Baidu Chinese platform to publish the list information of untrustworthy executors to netizens around the world; On the website of Credit China, the information of the list of people who have been executed in breach of trust will be displayed. In addition, many local courts have also made creative explorations. Apart from traditional media such as TV and newspapers, they have widely publicized information through WeChat, Weibo, touch screens of financial institutions, electronic screens in public places, making cartoons, etc., constantly expanding the exposure of untrustworthy lists, expanding their influence and forming public pressure.
The Supreme Court also cooperated with Internet companies to incorporate the list information of untrustworthy executors into the credit evaluation system as an important evaluation index of enterprises, and promoted the credit punishment of untrustworthy executors in the context of Internet production and operation. For example, restrict those who are untrustworthy from applying for Ali microfinance; Restrict the person who is untrustworthy from purchasing air tickets, train soft sleepers, insurance wealth management products and services such as car rental, travel and vacation through Taobao or Tmall platforms; Restrict the booking of hotels and hotels with more than three stars; Restrict other high-consumption behaviors of the person who is untrustworthy in the scene of Internet production and operation. As of December 1, 2016, Sesame Credit has restricted more than 620,000 people from buying air tickets, renting cars, loans, etc. through its credit platform, and more than 41,000 people have paid off their debts, of which more than 7,000 people have been evading execution for two or three years.
Next year, we will focus on promoting the network to automatically capture the information of the list of untrustworthy executors.
Xinhuanet: What other important punishment measures will be introduced next year?
Xinhuanet: In the Opinions on Accelerating the Construction of Credit Supervision, Warning and Punishment Mechanism for People with Dishonesty, there are more than 100 disciplinary measures for people with dishonesty in 11 categories, involving all aspects of daily life and production and operation. It should be said that the field and scope of punishment are very extensive. The focus of next year’s work is to further implement the Opinions, so that all disciplinary measures stipulated in the Opinions can be effectively implemented. The "Opinions" specifically stipulates the ways to implement disciplinary measures, requiring all information systems of joint disciplinary units to be connected with the joint disciplinary system of the national credit information sharing platform, automatically capture the list information of untrustworthy executors through the network, and timely feedback the disciplinary situation. At the same time, all units are required to speed up the informatization construction of credit punishment, and embed the information of the list of people who have broken their trust into the information management, approval and work system of their own units, so as to realize automatic comparison, automatic interception, automatic supervision and automatic punishment of the list information of people who have broken their trust in the management, approval and work procedures of their own units. Next year, we will focus on promoting this joint disciplinary mechanism.
At the same time, before the automatic interception and automatic punishment mechanism is realized, we will also promote the implementation of some key disciplinary measures as the key points. For example, on September 22nd this year, the Supreme Court, together with the National Development and Reform Commission, the Ministry of Industry and Information Technology, the Ministry of Housing and Urban-Rural Development, the Ministry of Transport, the Ministry of Water Resources, the Ministry of Commerce, the State Railway Administration, and the Civil Aviation Administration of China, jointly issued the Notice on Implementing Joint Punishment for People who have broken their promises in tendering and bidding activities, which restricts the bidding and bid evaluation activities of people who have broken their promises. We will work with relevant departments to focus on implementation.
