Source: vantageasia.com
According to article 484 of the Interpretations of the Supreme People’s Court on the Application of the Civil Procedure Law, after the enforcement process begins, the person subject to enforcement shall appear before the court to accept investigation and questioning after being lawfully summoned by the court.
In reality, however, there are a number of major enforcement difficulties to be addressed, including the difficulty in locating the person subject to enforcement, discovering properties to be enforced, penalizing the person for evading enforcement and cashing the assets to be enforced, of which how to locate the person subject to enforcement and discover the properties to be enforced are the key problems to be solved in enforcement.
Innovative enforcement
The current frequently used Apps, such as WeChat and Taobao, collect general basic data in several categories including personal basic information, mobile numbers, emails, identity profiles, biometrics, online identities, physical health, educational backgrounds, jobs, property, contacts, internet use records, commonly used devices, locations and motor vehicle information. Information useful for enforcement can be acquired by collecting, screening, analysing and studying different data.
Legal basis. The Standardization Administration of China has officially issued the Information Security Technology – Personal Information Security Specification, which clearly stipulates that any sharing, transfer and public disclosure of personal information shall be subject to prior authorisation or approval, but in circumstances directly related to crime investigation, prosecution, trial and enforcement of judgment, the controller of personal information is exempt from the relevant person’s prior authorisation or approval for such sharing, transfer and public disclosure of the person’s personal information.
In addition, article 485 of the interpretations, and articles 1 and 12 of the Provisions of the Supreme People’s Court on Issues Concerning Property Investigation During Enforcement in Civil Procedures, have all made it clear that the court may not only search information in the online enforcement inquiry and control system, but also inquire to the relevant entities and individuals about personal information of the person subject to enforcement, including identity and property information.
Developing intelligent algorithms suitable for enforcement. Advanced big data-based statistical methods can be employed to extract data from the information records of the persons subject to enforcement, and then establish a data model so as to identify the behavioural habits of the persons subject to enforcement, and predict their possible behavioural trends in the future. This requires that a scientific and effective intelligent enforcement algorithm be developed before capturing data, so as to screen out the data meeting the enforcement requirements, and draw a possible general conclusion through smart inference, thus providing data support for the enforcement judge to make further decisions.
Locating the person subject to enforcement. The online identity and accounts of the person subject to enforcement can be found based on identity data such as personal ID number, date of birth, native place and mobile number. Also, the real-time location, whereabouts, vehicle trajectory, parking place and immovable property address of the person subject to enforcement can be searched by using the positioning data in Baidu Map, Amap and Didi Chuxing Apps.
Searching clues to the property of the person subject to enforcement. Apps such as Alipay and WeChat can be used to collect property-related big data spanning hundreds of scenarios (for example, payment, mobility, accommodation and shopping), including e-commerce data, internet finance data, public institution data and user-uploaded data. These data together can well depict the property and credit profile of the person subject to enforcement.
Revealing the links between the person subject to enforcement and his/her properties. For court enforcement, the internet of things (IoT) App-based big data combine the three different key elements, namely target individual, motor vehicles and real properties, together for the first time. The community data profoundly reveal the interaction between the three elements. Meanwhile, locating the person subject to enforcement, his/her vehicles and real properties are of great realistic significance for increasing the efficiency and fulfilment rate of enforcement.
Penalising poor credit. Through data docking with credit reporting Apps via private line, the information of a person with poor credit and subject to enforcement can be shared to enable application platforms to impose comprehensive restrictions on the dishonest person under a variety of scenarios, including consumer finance, microcredit, credit cards, hotels, rental house and car rental, thus reducing the living space of that person subject to enforcement.
The poorly credited person subject to enforcement will be restricted from applying for loans, financing or other financial services, restricted from purchasing via Apps any air tickets, soft-sleeper train tickets, insurance or wealth management products, as well as motor vehicles and tourist products, which are not indispensable for business operation, and restricted from booking any hotels rated three stars or above via Apps.
Serving legal papers regarding enforcement. Traditional service requires delivery of mail to the registered office address, registered household address or any other valid address provided by the applicant for enforcement.When delivery fails or is refused, enforcement officers may even have to serve court papers by hand.
All the mobile numbers registered under the name of the person concerned, as well as the WeChat/Microblog accounts, e-commerce accounts and email addresses linked to these mobile numbers can be automatically retrieved according to the concerned person’s name, ID card number and other information provided in case filing, and these frequently used e-addresses can be taken as the logical starting point for electronic delivery. Legal papers can be electronically delivered to part or all of these electronic accounts, depending on their activity level, or to the actual residence identified through data comparison.
Accurate push of public notification offering reward for enforcement. According to the Civil Procedure Law and the relevant rules of the Supreme People’s Court, the court may issue a public notification offering a reward for enforcement, based on the application for enforcement, by offering a reward submitted by the enforcement applicant.
By drawing reference from the reward for photographing traffic violations, a reward can be offered publicly for clues to the property of the dishonest person subject to enforcement, so as to leverage social forces to solicit clues to motor vehicles, real properties and other community properties and solve the enforcement difficulties. The properties of a poorly credited person subject to enforcement are best known to his/her acquaintances. The offer of reward for enforcement can be pushed to those on the address list of the dishonest person. Meanwhile, the court should keep confidential the personal information of informants.