IT enables court to better implement verdicts
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Thirty-three sub-directors of the Dongguan Social Security Department hear a trial involving Liang Bing, director of the department, who was a defendant in a case involving disputes over work injuries in November in Guangdong province. [China Daily] |
Information technology has been put to good use to enhance judicial procedures, boost transparency and make it easier to carry out judgments and verdicts, a senior judge in Guangdong province said.
Zheng E, president of Guangdong Provincial High People's Court, said courts in the province have integrated information technology into their management network.
"Information related to each verdict and judgment is recorded in the network, allowing us to closely monitor how verdicts and judgments are being carried out," Zheng said.
With the network, the Guangdong court has established an online coordinated command center with government authorities and financial institutions.
"Using the online command center, we can quickly discover the properties of individuals and companies who refuse to adhere to verdicts and judgments against them," Zheng said.
Thanks to IT, the judgement implementation rate of Guangdong's courts increased from 55.8 percent in 2009 to 82.5 percent in 2013, according to the provincial high people's court.
"The online command center has greatly helped increase efficiency in implementing verdicts and judgments," Zheng said.
Zheng called for greater use of technology to establish a tougher social credit system, involving parties such as financial institutions, civil aviation, insurance and tourism authorities.
"The authorities involved should impose tough restrictions on parties who refuse to carry out judgments and verdicts," Zheng said.
Sources with the Guangdong court said the number of verdicts and judgments that require compulsory implementation has gradually fallen in recent years, while those that are to be implemented voluntarily increased from 40.8 percent in 2009 to 49 percent in 2013.
"Measures should be adopted to stop individuals or parties who refuse to adhere to judgments and verdicts from buying homes, getting access to finance, investing and other business activities," Zheng said.
Zheng said the Guangdong court has cooperated with the Guangzhou branch of the People's Bank of China to develop a credit database.
"Information on verdicts and judgments which have not been implemented will be recorded in the database. Those who refuse to heed the verdicts and judgments will not be offered loans," Zheng said.
The court has also worked with local government authorities, including land resource and housing departments, to build a system that allows for credit rewards or penalties, Zheng said.
"New projects will not be approved for parties who refuse to carry out verdicts and judgments," Zheng said.
The list of individuals and parties who defaulted will also be announced in due course, according to Zheng.
"Those who do not adhere to the verdicts will come under increasing public pressure, and will be restricted from conducting business activities," Zheng said.
A businessman in the Jieyang city of Guangdong, who had not paid debts of 162 million yuan ($26.79 million) in accordance with a verdict given by the local court, was prohibited from getting access to loans in 2012.
In another case, a Guangdong company was suspended from being considered as one of the top 10 credit companies in 2012 after organizers found it was on a list of 32 companies that failed to implement verdicts, sources with the provincial high people's court said.
"Implementing verdicts and judgments is not simply a judicial issue. From the perspective of long-term solutions, we should build a social credit system to improve compliance," Zheng said.
System reduces 'hindering' of lawsuits
Courts in Guangdong province handled about 14,300 administrative lawsuits in 2013, reflecting greater legal awareness of government agencies and officials, sources with the Guangdong Provincial People's High Court said.
The court also revealed that government agencies and officials above county and district levels lost 18.7 percent of these lawsuits last year.
"We have introduced a series of measures to prevent government agencies and officials from hindering cases against them and to ensure that individuals or organizations that believe their rights have been infringed by government agencies have their administrative lawsuits accepted by the court and are fairly treated," said Zheng E, president of Guangdong Provincial High People's Court.
The court implemented a pilot system for dealing with administrative lawsuits in 2012. Lawsuits against government agencies above county level are transferred to intermediate courts or courts in other counties to be handled.
"The system has helped build more transparent and fair procedures," Zheng said.
Also, the provincial high people's court has introduced a system for dealing with such lawsuits. It requires chief executives of government agencies to appear in court during the procedures.
"Government officials should not be afraid of appearing in court. To some degree, the proceedings against government agencies or officials will help enhance legal awareness among the parties involved," Zheng said.
China introduced a draft amendment to the Administrative Procedure Law at the end of 2013. It enhances the current law to better protect a person's right to sue government agencies and officials.
Ou Zhenzhi, a deputy to the Guangdong Provincial People's Congress, said courts should boost efforts to ensure people's rights and increase efficiency.
"It is of great significance to require chief executives of government bodies to appear in court in lawsuits. A county head or a mayor has to think twice in handling government affairs if they face a possible lawsuit," Ou said.
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