The Rationale,Predicament And Relief Of Court Wisdom Enforcement

The so-called " intelligent execution " refers to the implementation of the case information system based on the upgrading and improvement of the national four-level court network,which makes the network investigation and control system,the matter delegation system,the mobile case handling system,the network disposal system,the network disciplinary system,the sunshine execution system,the execution management and other matters and process operations more convenient and intelligent.In contrast,the traditional execution mode,that is,the execution personnel go to the scene to take enforcement measures,the implementation efficiency is low,many parties win the lawsuit but get no money,the effective judgment becomes a dead letter,and the judicial authority is questioned.The information age needs convenient and efficient modern execution methods to adapt to it.It is precisely because of the repeatability of execution content,the consistency of execution logic,the shortage of execution resources,the standardization of execution process and other factors that lay the rationale for intelligent execution.In the process of handling cases,executives can use the network investigation and control system to query and control property,use the matter entrusting system to execute foreign property,use mobile case handling software to facilitate law enforcement and forensics,use the network disposal system to evaluate and auction property,use the network punishment system to implement credit punishment,and use the sunshine execution system to publicly execute matters.Compared with the traditional execution mode,the intelligent execution mode has obvious advantages,which helps to improve the execution efficiency,increase the amount in place,standardize the execution behavior,and highlight the judicial authority.While the construction of intelligent execution is advancing by leaps and bounds,the problems in the three levels of technology,system and system begin to appear,and the degree of intelligence in the technical design level is low,which is manifested in the limited scope of application and the imperfect function.The data has defects,and the algorithm hides the black box;potential information risk,lack of privacy protection.At the level of system construction,the construction of each province is different,which is manifested in different construction standards and obvious differences among provinces.Poor input mode,poor system stability;emphasis on trial and neglect of execution,lack of compound talents.The lack of legal mechanism at the level of system construction is manifested in the scattered and disorderly provisions and the lack of effective assistance;lack of evaluation mechanism,poor participation enthusiasm;the absence of judicial ethics and poor relief channels.The problems of the three levels overlap and influence each other,which makes the expected results fail to be fully realized,and to a certain extent offsets some of the advantages brought by network information technology and hinders the in-depth development of intelligent execution.The current intelligent execution is still in the stage of low-level intelligence,and there is still a big gap from the goal of true intelligence.This requires high starting point planning,high standard requirements,and overall handling of the problems intertwined in the three levels of technology,system and system.Improve the level of intelligence in technical design and tap the potential of technology;strengthen overall planning and balance regional development in system construction;improve the legal mechanism in the system construction,fill the loopholes in the system.To solve the problems existing in intelligent execution,we should not only pay attention to the common problems faced in the construction of intelligent courts,but also aim at the characteristics of execution work.Intelligent machines can replace human resources to a certain extent,but they should grasp their reasonable boundaries.The role of machines is to assist in handling cases,not to replace judges in decision-making.In this way,we can accelerate the construction process of intelligent execution towards the goal of intelligence,enhance the intelligent attributes of the system,liberate the executives from the heavy transactional work,save more judicial resources,and make the network information technology become a sharp weapon to enhance the judicial credibility.