Practice And Thinking Of Judicial Deterrence Mechanism

Judicial deterrence mechanism is issued and practiced in the people's court to resolve the problem of execution, which perplexes the people's court for a long time. The parties deliberately fail to perform the legally effective judgment or order of the people's court. They even hide their property or transfer their assets for the purpose of evading obligations through false lawsuits. Property-oriented compulsory measures in execution are unable to help the people's court change this embarrassing situation. So it is necessary for the people's court to establish judicial deterrence mechanism and form a new executive pattern which aims to compel the parties to perform the legal judgment effectively so as to settle the problem of execution.Judicial deterrence mechanism has been established since 2006. Execution Information Inquiry Network, a most important step of judicial deterrence mechanism, is set up by the people's court to make the public know and share execution information. Execution Information Inquiry Network is linked with banks, administration of industry and commerce, public securities and administration of natural resources, ect. It assists to strengthen the connection of departments and sections to restrain the parties from hiding or transferring assets intentionally, to restrict the parties'economic activities and affect their personal life. Furthermore it helps to supervise executive proceedings, ensuring that execution is open to the public. Judicial deterrence mechanism has lightened stresses of execution and improved situations of execution since it was formulated. However it doesn't settle the problem of execution completely.Judicial deterrence mechanism still has its own defects because it is started initially and its function isn't fulfilled completely. Therefore, it is urgent for the people's court to perfect judicial deterrence mechanism. Firstly, legislation for compulsory execution shall be improved. Practice and experience shall be learned and adopted from western execution legislation. Non-interfered and independent judicial execution shall be set up. Besides, application for laws shall be unified and defined so as to deal with new conditions and problems. Secondly, credit information platform shall be formed and linked with banks, public securities, departments and sections. Execution Information Inquiry Network requires the parties'credit information, which helps the people's court determine if deterrent measures shall be adopted. Thirdly, deterrent measures shall be strengthened. Deterrent measures stipulated by laws shall be applied to urge the parties to fulfill obligations by way of perfecting property report system, strengthening society co-assistance system and reinforcing the punishment of criminal laws. Fourthly, authority of the people's court shall be enhanced. Execution system shall be optimized, which makes judicial deterrence mechanism carried out orderly. Fifthly, fulfillment with honesty and faith shall be built. Opinion shall be guided and advocated to encourage the public to fulfill obligations honestly and faithfully. Sixthly, the limitation of judicial deterrence mechanism will make the judicial deterrence mechanism legal, right and reasonable which is the most important.