Implement the traditional investigation and control methods of judges.

At present, the national court network execution inspection and control system has been connected with more than 3,000 banks, the Ministry of Public Security, the Ministry of Transport, the State Administration for Industry and Commerce, the People's Bank of China, Alipay and other units, and can query the bank information, deposit information, vehicle information, entry and exit certificate information and ship information of the executed person nationwide. At the same time, through the network to implement the inspection and control system to inquire, freeze and deduct bank deposits without geographical restrictions.

However, only when the enforcement case is assigned to a specific enforcement judge will the bank deposit and other information of the executed person be inquired through the enforcement inspection and control system. Once a large deposit is found, the enforcement judge can click the "freeze" button directly in the enforcement inspection and control system.

Then, through the network execution inspection and control system, the execution ruling with electronic seal, the notice of assistance in execution and the official certificate of electronic scanning of the executed person are sent to the financial institution. At this point, the court has completed the procedure of freezing the deposit of the person subjected to execution.

Although the court can freeze the bank deposit of the executed person without leaving home, if the court wants to deduct the bank deposit, it still needs to go to the bank counter. At this time, it is necessary for the enforcement judge or court staff to go to the banking counter with the Notice of Assistance in Enforcement and the ruling.

In order to solve the problem of looking for someone to find a job, starting from 20 14, the Supreme People's Court has vigorously promoted the construction of a network-based inspection and control system, connecting property information with government departments, enterprises and institutions, unifying technical standards, realizing data sharing, and directly querying property through the network.

Up to now, the network execution inspection and control system of the National People's Court has been connected with nearly 4,000 banks, the Ministry of Public Security, the Ministry of Communications, the State Administration for Industry and Commerce, the People's Bank and other units, and can query the information of the executed person's bank, deposits, vehicles, entry and exit certificates, fishing boats, ships, basic registration information of enterprise legal persons, foreign investment information, securities information, bank card consumption record information, Alipay account information and so on nationwide.

Previously, after inquiring about information, court staff were required to issue the Notice of Assistance in Freezing Deposits issued by the people's courts, people's procuratorates and public security bureaus at or above the county level, as well as their work permit or official certificate. After the signature of the president of the bank or the person in charge of the relevant unit, the bank or the relevant unit shall immediately rely on this and according to the nature of the funds to be frozen. However, there is no need to bother at present. At present, judges can directly click the "freeze" button in the implementation of the inspection and control system, and then directly block the relevant accounts.

Effect of freezing The people's court shall freeze the bank deposits and other funds of the person subjected to execution for no more than six months, seal up or detain movable property for no more than one year, seal up immovable property for no more than two years and freeze other property rights for no more than two years. If the person subjected to execution applies for an extension of the time limit, the people's court shall go through the formalities of sealing up, distraining and freezing before the expiration of the time limit for sealing up, distraining and freezing, and the extension period shall not exceed half of the time limit specified in the preceding paragraph. If the expired applicant still fails to apply for execution, the freezing will be automatically lifted, and the sealing level will be sealed, so the longest period for freezing the funds in the account is 9 months (half a year+three months extension).

It is also very troublesome to transfer the arrears owed by Lao Lai in the past. For example, in the case of bank deposits, the staff must present the Notice of Assistance in Deducting Deposits issued by the people's courts, people's procuratorates and public security bureaus at or above the county level (with copies of legally effective judgments, rulings, conciliation statements, payment orders, disposition decisions or administrative penalty decisions of administrative organs), apply to the bank, and then the bank deducts them. However, at present, the staff of the executive court of the court can also directly deduct the funds in Lao Lai's account through the network of the people's courts for repayment application.

The court will issue an account freezing notice to the bank, and the bank is obliged to cooperate with the court to implement the freezing. At the same time, without a court order, the funds in the account may not be unfrozen.

In fact, the court's freezing order can freeze all assets, real estate cannot be traded, and movable property cannot be transferred. After the court freezes, your assets are still your assets, but you can't do anything with them for the time being.

If you are the person to be executed, these assets will definitely be executed by the court, whether through liquidation or auction, these assets will be executed.

If you are a suspect, your assets will not be executed temporarily. The court is only worried that you will run away or transfer your property, so it will freeze first. Let me give you an example of a bank. Suppose Zhang San owes the bank 500 thousand, and he can't afford it now The bank sued Zhang San to the court. However, since the court has not ruled that Zhang San really owes the bank 500,000 yuan, the court will not execute Zhang San's assets, but the bank is worried that Zhang San will transfer assets, so it applies to the court to freeze Zhang San's assets first. At this time, it is only frozen and will not be executed.

I would like to add here that if a bank wants to apply for freezing 500,000 assets of Zhang San, it must produce assets of the same value. This is called asset preservation.

If you still want to know something about the bank, you can write to me privately at any time or leave a message in the comment area. I will reply in time when I see it.

After the application is executed, the court will send an execution notice and a property report order to the person subjected to execution within the time stipulated by law, requiring the person subjected to execution to report the property status in writing within a certain period of time. At the same time, the executive judge will inquire about all the properties under the name of the executed person through the general network inspection and control system, including real estate, bank deposits, vehicles, WeChat, Alipay accounts, etc.

The general network inspection and control system of the people's court was jointly opened by the People's Bank of the Supreme People's Court and the People's Bank of China. Theoretically, the deposit of the executed person in any domestic bank and financial institution can be inquired. Upon inquiry, if it is found that there is a deposit in the bank account under the name of the person subjected to execution, the enforcement judge will generate an enforcement ruling and a notice of assistance in enforcement online. And through the above system, the freezing limit is limited to the amount determined by the judgment. After the approval of the leader, the freezing application will be transferred to the bank to which the frozen account belongs. After receiving the court documents, the banking system will automatically freeze the account of the respondent. After that, the bank will feed back the freezing result to the executive judge, and the receipt will be stamped with the electronic seal of the bank. This is the general procedure for the court to freeze bank deposits.

In judicial practice, some special accounts cannot be frozen through the online system. At this time, two executive judges are required to bring their work permits and official certificates to the account opening branch where the account belongs. The bank staff will freeze the account of the respondent after checking the identity and verifying that the documents are correct. The freezing period is generally one year, and it will be automatically thawed after expiration.

The above is the process of freezing bank deposits by the court. I hope I can help you.

Now it's very convenient to freeze bank deposits directly online, without adding clues or detention.

After the application is executed, the court sets the execution case number, and according to the ID number of the executed person provided by the executor of the application, the bank deposit of the executed person can be directly inquired online.

First, if there is a deposit, freeze it directly online.

Second, if there is no deposit, the application executor can continue to supplement the property clues of the person subjected to execution and conduct on-site preservation and freezing.

Third, if the person subjected to execution refuses to perform the execution content, compulsory measures such as detention can be taken.

I hope it helps you! ! !

After the application is completed, the court will issue a notice of deposit freezing, and the law enforcement officers of the public security inspection law will bring their certificates and notices to the bank outlets for freezing. Banks must check the certificates of law enforcement officers and freeze the information in the books. After the counter operation supervisor (operation manager/business supervisor) approves, the teller will freeze the business. Usually, the freezing will be successful only after the background authorization center checks the authenticity and data integrity again.

The longest judicial freeze in the past was six months, and now the longest judicial freeze is one year. If the freeze is not renewed after expiration, you should take the initiative to unfreeze the customer.

Similarly, to unfreeze cases according to law after the freezing period, it is also necessary for the court to issue a notice of deposit unfreezing, and law enforcement officers will go to the bank to unfreeze them. Neither the frozen party nor the party applying for freezing has the right to freeze and unfreeze.

I'm a lawyer. I'll answer your question.

Xie Youjun works in the court and has been assisting the Executive Board in handling cases. I think I still have a say in freezing the bank card deposits of the respondent during the implementation stage. Please follow my story and understand this problem together.

First of all, you have to understand a system, which is called network execution inspection and control system. We usually call it a network inspection system. This system is specially designed by the state for national implementation. The system is the docking system between the court and the national banking system, financial system, enterprises and institutions, covering almost all banks in the country. Through this system, we can clearly query the bank card deposit information of each executed person, which is known as the eye of the executive community. In order to call it Eye of the Sky, as long as you have an account and deposit in any bank, you can't escape its monitoring, even Alibaba's Alipay and Tencent's WeChat red envelope are included, which is like naked exposure of deposit information.

When the executing judge inputs the ID number of the person to be executed into the system, the system starts to work, and the displayed contents include the bank, account number, account opening time, bank flow, existing amount, etc. Even if there is only ten dollars in the account, even if there is no penny, it will show zero yuan.

If your execution case enters the online inquiry stage, the first means of executing the judge is to use this system to inquire about the property. If it is found that the executed person has a deposit in the bank account, just click the freeze button, and the property of the executed person will be frozen. It used to be very troublesome, and it was necessary to check according to each bank. The most troublesome thing is to send a notice of assistance to the bank, which is time-consuming and laborious. But now we don't need those complicated procedures.

After freezing that part of the property, the next step is to transfer the ownership. After receiving the notice from the court, the bank will transfer the deposit in the account to the applicant's card according to the requirements of the court, so that part of the applicant's creditor's rights will be solved. Under normal circumstances, if there is only a small amount of money on the card, such as 1000 yuan, the Executive Board will not freeze it, because it will alert the snake, and it will not dare to continue using the card in the future, let alone deposit money in it. Of course, if the applicant wants to deduct money, the court will do as you say.

Do you understand my explanation?

Execution is a long-standing problem. Many cases only win the lawsuit and lose money, because the card is in the execution stage, and it is difficult to achieve the purpose of litigation. If the lawsuit is a good start, then the execution in place is a good ending.

And how the court implements it, and what procedures and means are there to deal with the problem of difficult implementation? With the implementation of informationization, networking and real-name registration system; Every aspect of a person's life needs real information, so it is feasible to freeze property through online inquiry.

After entering the execution procedure, the judge will first inquire about the property information of a case through the investigation and control system. When the execution procedure is in progress and the execution procedure is started, the execution judge can find most of the property information of the executed person in China by clicking the mouse in the office without leaving home.

At present, the court network execution inspection and control system has been connected to the systems of more than 3,000 banks, as well as public security, transportation, industry and commerce, the People's Bank of China and Alipay. Through this system, judges can conveniently inquire about bank account opening information, deposits, vehicles under their names, passports and so on.

If the judge inquires about these property clues, especially bank deposit information, he can directly freeze them remotely through the "freeze" button of the system. However, the relevant execution documents need to be transmitted to specific banking departments for filing, so that the freezing information can be complete, and banks will not cancel the account freezing measures at will.

After the judge freezes the bank property information, he still needs to go to the scene to deal with it. Since it is so easy for a judge to freeze the bank account of the person being executed, why is it so difficult to enforce it?

In fact, freezing is only the first step, and some foreign banks and local banks are not fully connected to this verification system because of system problems, so the actual implementation must be handled on site, so it takes a lot of manpower and material resources.

For example, if a judge in Shanghai freezes an account in Qinghai, he needs to take the Notice of Assistance in Execution and the enforcement ruling to the bank outlet with bailiffs to actually deduct the money.

This has caused a large backlog of work. If this program can be simplified or optimized, the execution efficiency will be higher.

Enforcement requires the strong cooperation of the person being executed and provides clues. Because applying for execution is a very complicated procedure, the judge usually only inquires according to the situation of the person subjected to execution in the judgment, so he can't grasp the situation of other related property or transfer property.

Therefore, in the process of execution, the applicant executor will be required to provide the property clues of the executed person to facilitate the judge to further carry out the execution work, and some even require to find the executed person to facilitate the inquiry and investigation. In fact, this is not to aggravate the work of applicants, but to protect their interests.

Moreover, the executor of the application often knows the information of the executor better, and needs to actively cooperate to provide useful clues for the judge to verify for his own interests.

Conclusion With the improvement and perfection of the whole social network system, it is believed that the implementation procedure will be more simplified and convenient in the future. Let people who want to breach the contract have nowhere to hide.

However, at present, due to many loopholes and loopholes in the objective aspect, it is still very common for the person subjected to execution to transfer property and refuse to perform. It is necessary to strengthen law enforcement, strengthen network construction, intensify the crackdown on Lao Lai, and comprehensively improve the current problem of difficult implementation.

First, the people's court network execution inspection and control system

1. Since 20 14, the Supreme People's Court has vigorously promoted the construction of a networked inspection and control system, connected property information with government departments, enterprises and institutions, unified technical standards, realized data sharing, and directly inquired property through the network.

2. Up to now, the network execution check and control system of the National People's Court has been connected with nearly 4,000 banks, the Ministry of Public Security, the Ministry of Communications, the State Administration for Industry and Commerce, the People's Bank and other units, and can query the bank information, deposit information, vehicle information, entry and exit documents, fishing boat information, ship information, basic registration information of enterprise legal person, foreign investment information, securities information, bank card consumption record information and Alipay account information of the executed person nationwide.

3. In the past, after inquiring about information, court staff were required to issue notices of assistance in freezing deposits issued by people's courts, people's procuratorates and public security bureaus at or above the county level, as well as their work permits or official certificates. After the signature of the president of the bank or the person in charge of the relevant unit, the bank or the relevant unit shall immediately rely on this and according to the nature of the funds to be frozen. However, there is no need to bother at present. At present, judges can directly click the "freeze" button in the implementation of the inspection and control system, and then directly block the relevant accounts.

Second, the validity period of the freeze.

1. The time limit for the people's court to freeze the bank deposits and other funds of the person subjected to execution shall not exceed six months, the time limit for sealing up or distraining movable property shall not exceed one year, and the time limit for sealing up immovable property and freezing other property rights shall not exceed two years. If the person subjected to execution applies for an extension of the time limit, the people's court shall go through the formalities of sealing up, distraining and freezing before the expiration of the time limit for sealing up, distraining and freezing, and the extension period shall not exceed half of the time limit specified in the preceding paragraph. If the expired applicant still fails to apply for execution, the freezing will be automatically lifted, and the sealing level will be sealed, so the longest period for freezing the funds in the account is 9 months (half a year+three months extension).

Third, transfer

It used to be very troublesome to deduct Lao Lai's debts. For example, in the case of bank deposits, the staff must produce the Notice of Assistance in Deducting Deposits issued by the people's courts, people's procuratorates and public security bureaus at or above the county level (with copies of legally effective judgments, rulings, conciliation statements, payment orders, disciplinary decisions or administrative punishment decisions of administrative organs) and their work permits or official certificates, and then the bank can apply to the bank with them. However, at present, the staff of the executive court of the court can also directly deduct the funds in Lao Lai's account for returning the application through the people's court network implementation inspection and control system.

-This answer is for Zhang Moyun, a fully-automatic intelligent quantitative coin-frying robot of Xi' Ding An' (revenue, data check and live broadcast).

It's nothing. After freezing, the money can only be taken out. Before a freezing period, the court will inform the bank to transfer the money to the court account, and then calculate the minimum living expenses and return them to the person subjected to execution. The rest will be returned to the executor. If there are multiple executors, they will be allocated according to the target proportion, and the waiting for execution will be cancelled. If one of the executed persons has a low bid, the other has a high bid, and the one with the low bid will lose too much, and if the waiting method is followed, it may take a long time for the executed person with the high bid to get the money, and no one else can come up with it. In short, never lend money to anyone again. I don't borrow money myself. I really can't afford to get hurt and do nothing. Those who have fixed jobs get paid, and those who have no jobs find jobs to start businesses! They are all misguided, not only losing their money, but also being heavily in debt.