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2018
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最高法拟限老赖乘高铁 禁止其乘飞机软卧限制高消费
The supreme law intends to restrict Lao Lai from taking high-speed rail, prohibit him from taking soft sleeper by plane and restrict high consumption
还将限制乘坐动车组一等座以上和轮船一定等级舱位;已禁止其乘坐飞机、列车软卧,限制高消费等列入失信被执行人名单的“老赖”们或将在禁乘飞机、列车软卧的基础上,被要求限乘高铁,限制动车和轮船的一定等级座位。昨日,最高法院相关负责人在北京交通大学一次论坛上透露了此消息。
此前,最高法院、中央文明办等单位已向社会公布了首批对失信被执行人的信用惩戒措施,其中包括禁止乘坐飞机、列车软卧,限制在金融机构贷款或办理信用卡,限制高消费等。
上述负责人介绍,已有40余万人次被拦截乘坐飞机,另有10余万人次被限制乘坐列车软卧。
该负责人透露,相关司法解释正在修改中,拟限制“老赖”乘坐高铁,限制动车组一等座以上的座位和轮船一定等级舱位。
已有70余万“老赖”被列入黑名单
去年10月1日,最高法院《关于公布失信被执行人名单信息的若干规定》正式实施,“老赖”信息陆续被纳入最高法院失信被执行人名单库。
上述最高法院负责人介绍,目前,已列入70余万名“老赖”信息,“我相信以后更多”,“大家越来越重视”。
而据其了解,这套名单制度执行后,有些纳入名单库的“老赖”主动履约,而一些听说自己将“上榜”的“老赖”也着急还钱了,总共占将要或已纳入名单“老赖”的20%。
该负责人还设想,在巩固“黑名单”的基础上,明年将执行管理系统、案件管理系统整合到一块,“准备明年把这套东西推到社会上,你们都来查吧,看欠人家钱不欠人家钱。”
新网络查控体系30秒查老赖存款
据业内人士分析,目前法院执行难之一是人财物的查控难,即法院担负找人查物的职责,但很多“老赖”都在四处躲藏和隐匿、转移财产。
对此,上述负责人透露,最高法院已初步建立一套覆盖全国的网络查控体系。该体系包括约20家银行,及证监会、银监会等有关部门。
以县级法院为例,若要查询一个执行案件当事人的存款情况,可通过该平台发送到最高法院,由最高法院自动认证加盖相关签章发送到体系内的银行,再由银行将查询结果直接反馈至县法院。
“完成这个动作最快30秒钟,最慢不超过3个小时。”该负责人说。
国务院已成立社会信用体系建设部际联席会议,牵头单位是国家发改委和人民银行。据该负责人介绍,近日在国家发改委牵头下,所有部际联席会议单位都要签字形成对纳税人的黑名单,共同使用信息,并进行相应的信用惩戒。
目前,有关文件提出设想,或将在2016年实行第二身份证。负责人解释,所谓“第二身份证”,就是个人信用记录卡,最起码能查到近5年的个人信用记录。
It will also limit the number of first class seats of EMUs and certain class spaces of ships; The "Laolai" who have been banned from taking the plane or train soft sleeper, limiting high consumption and so on, which are listed in the list of the people who are not trusted to be executed, will be required to take high-speed rail on the basis of the ban on the plane and train soft sleeper, and limit certain class seats of motor cars and ships. Yesterday, the relevant head of the Supreme Court disclosed the news at a forum of Beijing Jiaotong University.
Previously, the Supreme Court, the central civilized office and other units have announced to the society the first batch of credit punishment measures for the person who has been executed for the dishonesty, including the prohibition of taking plane and train soft lying, limiting loans or handling credit cards in financial institutions, limiting high consumption, etc.
The above-mentioned person in charge said more than 400000 people have been intercepted to take the aircraft, and more than 100000 people have been restricted to take the soft sleeper.
The person in charge said the relevant judicial explanation is being revised, and it is intended to limit Laolai to take high-speed rail, and limit the seats of more than one class EMU and certain class class of steamer.
More than 700000 "Laolai" have been blacklisted
On October 1, the Supreme Court "on the publication of the list of the persons who have been dishonest" was officially implemented, and the "Laolai" information was successively included in the list of the persons who were executed in the case of dishonesty in the Supreme Court.
The head of the Supreme Court said that at present, more than 700000 "Laolai" information has been included, "I believe more in the future", "more and more attention has been paid to by all.".
According to their knowledge, after the implementation of the list system, some of the "Laolai" who are included in the list bank have actively performed the contract, while some of the "Laolai" who have heard that they will be on the list are also anxious to pay back the money, accounting for 20% of the total number of "Laolai" who will or have been listed.
The person in charge also envisions that, on the basis of consolidating the "blacklist", the executive management system and case management system will be integrated into one piece next year, "you will be ready to push this set of things into the society next year, and you will come to check it to see if you owe no money to others."
New network control system 30 seconds to check the old laissez deposit
According to the analysis of insiders, one of the difficulties in the enforcement of the court is the difficulty of human property investigation and control, that is, the court is responsible for finding people to check the property, but many "Laolai" are hiding and hiding and transferring property.
In response, the above-mentioned person in charge revealed that the Supreme Court has initially established a set of network inspection and control system covering the whole country. The system includes about 20 banks, and relevant departments such as CSRC and CBRC.
Taking county court as an example, to inquire about the deposit of a party in an execution case, it can be sent to the Supreme Court through this platform, which will automatically authenticate and affix relevant signatures and seals to the bank in the system, and then the bank will directly feedback the inquiry results to the county court.
"Complete this action for up to 30 seconds, and at least 3 hours." The official said.
The State Council has established an inter ministerial joint meeting on the construction of social credit system, with the leading unit being the national development and Reform Commission and the people's Bank of China. According to the person in charge, all the inter ministerial joint conference units have signed and formed a blacklist of taxpayers, jointly use information and punish them accordingly under the leadership of the national development and Reform Commission.
Currently, the relevant documents propose an idea or will implement a second ID card in 2016. The person in charge explained that the so-called "second ID card" is the personal credit record card, which can at least find the personal credit records of nearly 5 years.
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