人民法院执行信息化建设研究
发布时间：2018-09-05 06:36
【摘要】：现代信息技术的发展影响着人们生活的方方面面,致使人类生活方式、工作方式发生翻天覆地的变化。同时,也给法院工作带来了机遇和挑战,为法院不断创新工作方式,多渠道创新执行财产调查新措施提供了技术支持。本文着重探讨人民法院在现代信息技术飞速发展的大背景下,如何利用信息化手段改革工作方式,最终推动解决执行难这一困境。本文主要分为四个部分:第一部分是有关人民法院执行信息化建设理论概述。首先,通过对其背景进行探讨,构建基本理论框架。包括历史沿革、当前法院"执行难"现状、信息化时代背景对人民法院执行信息化建设的推动这三部分阐述其基本理论。其次,从司法公正、司法公开、解决日益繁重执行任务、提高执行工作效率、司法监督等五部分讨论法院执行信息化建设的必要性。第二部分阐述人民法院执行信息化建设运行现状,包括查控、处分、管理、惩戒信息化,以执行查控中最主要的网络执行查控机制、执行处分中的网络司法拍卖制度、执行管理工作中的执行案件信息管理系统和执行处分中具有特色的失信被执行人名单制度四方面展示了我国法院执行信息化平台建设情况。其次,介绍了具有特色和作出成效的各地法院执行信息化建设运行现状,从上海市高级人民法院、北京市三中院和海南省基层人民法院的建设运行现状进行调研和分析。第三部分在第二部分分析运行现状的基础上,对执行环节信息化建设存在的问题进行探讨,具体有网络执行查控系统查控范围窄和集中查询开户信息造成的拖延、网络司法拍卖机制不健全以及执行管理方面的系统设置和信息化设备缺乏等问题。第四部分通过前文对信息化建设存在问题及成因进行分析之后,提出本人为完善法院执行程序信息化建设的法律思考,给出一点建议和参考。
[Abstract]:The development of modern information technology affects every aspect of people's life, which results in a great change in the way of life and work. At the same time, it also brings opportunities and challenges to the work of the court, and provides technical support for the court to innovate its working mode and implement the new measures of property survey through various channels. Under the background of the rapid development of modern information technology, this paper focuses on how the people's courts reform their working methods by means of information technology, and finally push forward the solution to the dilemma of difficult implementation. This paper is mainly divided into four parts: the first part is about the theory of people's court to carry out information construction. First of all, through the discussion of its background, build the basic theoretical framework. Including the history of the court, the current situation of "difficult execution" of the court, the background of the information age to promote the people's court to carry out the construction of information, the three parts elaborated its basic theory. Secondly, from the five parts of judicial justice, judicial publicity, solving the increasingly burdensome tasks, improving the efficiency of execution, judicial supervision and other five parts to discuss the necessity of the implementation of the court information construction. The second part describes the current situation of the people's court in the implementation of information construction, including inspection and control, punishment, management, disciplinary information, in order to carry out the most important mechanism of network enforcement and control, the execution of the punishment of the network judicial auction system. The information management system of execution cases in executive management and the system of dishonest execution list with characteristics in execution and punishment show the construction of information platform of court execution in our country. Secondly, the paper introduces the current situation of the implementation of informatization construction in various local courts with characteristics and achievements, and investigates and analyzes the present situation of the construction and operation of the Shanghai higher people's Court, the third Intermediate people's Court of Beijing and the basic people's Court of Hainan Province. In the third part, on the basis of analyzing the current situation of operation in the second part, the problems existing in the informatization construction of the execution link are discussed, including the delay caused by the narrow scope of inspection and control of the network execution inspection and control system and the centralized inquiry of account opening information. The network judicial auction mechanism is not perfect, as well as the execution management system setup and the lack of information equipment and so on. In the fourth part, after analyzing the existing problems and causes of informatization construction, the author puts forward some suggestions and references for the legal consideration of improving the informatization construction of court execution procedure.
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2
本文编号：2223488
[Abstract]:The development of modern information technology affects every aspect of people's life, which results in a great change in the way of life and work. At the same time, it also brings opportunities and challenges to the work of the court, and provides technical support for the court to innovate its working mode and implement the new measures of property survey through various channels. Under the background of the rapid development of modern information technology, this paper focuses on how the people's courts reform their working methods by means of information technology, and finally push forward the solution to the dilemma of difficult implementation. This paper is mainly divided into four parts: the first part is about the theory of people's court to carry out information construction. First of all, through the discussion of its background, build the basic theoretical framework. Including the history of the court, the current situation of "difficult execution" of the court, the background of the information age to promote the people's court to carry out the construction of information, the three parts elaborated its basic theory. Secondly, from the five parts of judicial justice, judicial publicity, solving the increasingly burdensome tasks, improving the efficiency of execution, judicial supervision and other five parts to discuss the necessity of the implementation of the court information construction. The second part describes the current situation of the people's court in the implementation of information construction, including inspection and control, punishment, management, disciplinary information, in order to carry out the most important mechanism of network enforcement and control, the execution of the punishment of the network judicial auction system. The information management system of execution cases in executive management and the system of dishonest execution list with characteristics in execution and punishment show the construction of information platform of court execution in our country. Secondly, the paper introduces the current situation of the implementation of informatization construction in various local courts with characteristics and achievements, and investigates and analyzes the present situation of the construction and operation of the Shanghai higher people's Court, the third Intermediate people's Court of Beijing and the basic people's Court of Hainan Province. In the third part, on the basis of analyzing the current situation of operation in the second part, the problems existing in the informatization construction of the execution link are discussed, including the delay caused by the narrow scope of inspection and control of the network execution inspection and control system and the centralized inquiry of account opening information. The network judicial auction mechanism is not perfect, as well as the execution management system setup and the lack of information equipment and so on. In the fourth part, after analyzing the existing problems and causes of informatization construction, the author puts forward some suggestions and references for the legal consideration of improving the informatization construction of court execution procedure.
【学位授予单位】：海南大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D926.2
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1 谭家琳;人民法院执行信息化建设研究[D];海南大学;2017年
，本文编号：2223488
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