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The court issued a judicial suggestion: restrict Lao Lai to open new accounts such as WeChat

In recent years, mobile payment methods such as WeChat have brought convenience to people's lives, and have also become channels for Lai to quickly transfer or squander his property. The reporter learned that the Beijing Second Intermediate People's Court recently issued judicial advice to Tenpay Payment Technology Co., Ltd., which is responsible for electronic payment business on WeChat, on the problems arising from WeChat property inspection and control.


When using WeChat to check and control property, the Second Intermediate People's Court of Beijing found that the WeChat deposit of the person subjected to execution could only be frozen, but not deducted. For the WeChat deposit of the executed person, only the verified amount can be frozen, but not the excessive amount. The person subjected to execution often uses this loophole to transfer deposits at will for consumption; When the executed person finds that his/her account has been frozen, he/she can open a new WeChat account to avoid execution and other problems through the new account.


In order to make it more convenient, efficient and effective to check and control Laolai's property through WeChat, Beijing No.2 Intermediate People's Court suggested Tenpay Payment Technology Co., Ltd. to revise relevant systems and complete online deduction as soon as possible. It is suggested that WeChat revise the system to support over freezing.


The court held that the person subjected to execution should not open another account to evade execution if he has not fulfilled his legal obligations. WeChat can establish the record system of the person to be executed when appropriate, and the person to be executed who has not completed the legal obligation is not allowed to open a new account.


In fact, it is not only WeChat, but also the banking system. Not long ago, the People's Court of Chaoyang District, Beijing sent a judicial proposal to the Business Management Department of the People's Bank of China on the restriction of opening new accounts for the person subjected to execution. The Business Management Department of the People's Bank of China attaches great importance to and actively responds to the suggestions one by one.


In handling several enforcement cases, the Executive Bureau of Beijing Chaoyang Court found that the person subjected to enforcement had evaded the obligation to perform the judgment: when his account was completely frozen, he opened one or more new accounts to import and export large accounts in a short time. Such means of confrontation against effective judgments have been emulated by more people to be executed, which has brought great resistance to the implementation work.


Considering various factors, Chaoyang Court made suggestions: first, restrict the dishonest person to open new accounts. The second is to limit the amount of special account of the dishonest person to be executed. The third is to clearly inform the punishment content of the person who has been executed for dishonesty. Fourth, it is prohibited for the dishonest executor to handle the due payment collection account change business of funds and wealth management.


The Business Management Department of the People's Bank of China replied that it would actively cooperate with the judicial authorities to do a good job in the joint punishment of the parties involved in dishonesty. He said that "the dishonest person under execution will restrict the opening of new accounts" because of its highly systematic and innovative nature, and will continue to take various forms in the future to further promote credit knowledge and financial consumption protection education, and assist the People's Bank of China in promoting and improving relevant legislation.


At the demonstration meeting of compulsory enforcement legislative experts held by the Supreme People's Court a few days ago, Liu Guixiang, a full-time member of the Judicial Committee of the Supreme People's Court, said that it is necessary to promote the deep integration of science and technology with the implementation work and improve the level of modernization of implementation. We should improve the criminal accountability system involving execution, appropriately raise the upper limit of punishment for detention and fine measures, and highlight the enforcement of mandatory measures.

(Source: CCTV)