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Can the court inquire about personal bank account and securities account information?
1. If the account owner is suspected of a criminal offense, the court can check the individual’s bank account and securities account information.
2. If it involves civil cases or administrative cases: the court has the right to inquire when the parties apply.
3. If you are the person subject to execution in an execution case: the execution officer has the right to inquire and deduct money.
The court can inquire and freeze personal and corporate bank accounts due to the need to hear cases. Judicial authorities can go to securities companies to inquire about the account status of individuals or institutions in accordance with the law. If freezing is required, the securities company can be asked to freeze the funds in and out of the account by providing legal supporting documents.
The People's Court independently exercises judicial power on behalf of the state in accordance with legal provisions, without interference from any administrative agencies, social groups or individuals. The People's Court executes arbitration and mediation agreements of legally effective arbitration institutions, executes mediation documents, rulings, and judgments of the People's Court that have produced legal effect, and can inquire, freeze, and transfer personal bank accounts. For cases in which the conduct of one of the parties or other reasons may make it difficult to enforce the judgment or cause other damage to the parties, the People's Court may inquire or freeze personal bank accounts if it accepts the party's application for litigation preservation or the court decides to take preservation measures. The People's Court may inquire, Freeze and transfer personal bank accounts.
Extended information:
The People's Court has the right to arbitrate first
When the parties apply to the People's Court to enforce the arbitration award or mediation letter made by the arbitration institution in accordance with the Arbitration Law, the People's Court After review, the court shall, if it meets the relevant provisions of the Civil Procedure Law and the Arbitration Law, promptly accept the case and file the case for execution in accordance with the law.
However, according to Article 2 of the Arbitration Law, arbitration institutions can arbitrate contract disputes and other property rights disputes that have occurred between the parties. Therefore, if a party applies for the enforcement of an arbitration award or mediation letter made by an arbitration institution before the dispute occurs, the people's court shall rule not to accept the application; if it has been accepted, the people's court shall rule to reject the enforcement application.
The characteristics of "arbitration first" are as follows:
First, the parties signed a mediation agreement on the day they entered into the loan contract, and stipulated arbitration matters in the two agreements.
The second is to apply for arbitration when the contract has not been performed or has not been fully performed. The arbitration institution will issue an arbitration award or mediation letter based on the previous mediation agreement, and at the same time issue relevant documents to be signed and served online.
Third, the lender of the loan contract is unknown. Some contracts only have the borrower and the intermediary (i.e., the online loan platform), and no lender is listed.
Four. The applicant in the mediation agreement is an online lending platform, and the online lending platform’s business scope does not include financial lending business; the online lending platform claims to have obtained the creditor’s rights through the transfer of creditor’s rights and applied for arbitration and enforcement.
Fifth, the mediation agreement imposes many restrictions on the borrower's rights.
Sixth, some arbitration institutions stipulate in the arbitration rules that during the signing or performance of the contract, regardless of whether a substantive or public dispute occurs. If it is considered an arbitration case, the arbitration legal documents issued based on the mediation agreement cannot be applied for revocation or execution.
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