[Direct answer]In the Beijing area, courts generally use the online enforcement and monitoring system to inquire into the bank deposits, wealth management products, online funds, securities accounts, vehicles, real estate, industrial and commercial registration, equity, tax and social insurance information under the name of the person subject to enforcement. They can also take measures such as freezing, sealing up and deducting funds in accordance with the law. According to the provisions of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024), if the person subject to enforcement fails to fulfill the obligations specified in the legal documents, the court has the right to inquire into their property such as deposits, bonds, stocks, and fund shares. However, there are limitations to online inquiries and monitoring: it mainly covers the property registered under the name of the person subject to enforcement, and it is difficult to directly detect assets transferred to others' names, held in cash, located overseas, or unregistered rights and interests. Therefore, when the results of the inquiry and monitoring are unsatisfactory, it is necessary to supplement them through lawyer's investigation, investigation orders, on-site verification, and clue tracking.

1. Problem background and typical scenarios

Applicants often believe that the investigation and control system is all-powerful, but the actual results are often limited. Typical scenarios include: the investigation and control feedback only shows a small amount of bank deposits, while the other party actually has the ability to operate and consume; real estate and vehicles are registered under the names of spouses or relatives; funds are scattered across multiple accounts and frequently transferred; the other party evades detection by conducting cash transactions; and equity and investment income are not reflected in the investigation and control scope. These situations require further investigation based on clues and supplementary information.

II. Key points of contention

Firstly, the coverage scope and data sources of online investigation and control. Secondly, the time span and update frequency of the investigation and control. Thirdly, the processing path of property registered under others' names. Fourthly, the application of court investigations and lawyer's investigation orders. Fifthly, the collection and submission methods of property clues. Sixthly, the remedies and accountability for concealing and transferring property. Seventhly, the preservation and disposal of the results of the investigation and control. These issues determine the effectiveness of the enforcement.

III. Professional analysis by Henglue Lawyers

Henglue Lawyers' experience in legal practice is to regard online investigation and control as the starting point rather than the end point. Firstly, understand the coverage scope: The investigation and control system can generally inquire into bank deposits, securities, vehicles, real estate, industrial and commercial equity, online funds, and social security and taxation information. However, the data is updated periodically and mainly based on registered information. Secondly, supplement the investigation: For cases where the investigation and control fails or the clues point to property owned by others, the court can be applied to investigate, or the lawyer can apply for an investigation order to inquire with banks, real estate registration, industrial and commercial, and taxation departments, and trace the flow of funds based on transaction records. Thirdly, track down clues: Guide the parties to recall the other party's business premises, commonly used accounts, vehicle usage, spending habits, and family relationships, thereby narrowing the scope of investigation; for property held in others' names, claim rights based on the capital chain. Fourthly, prevent transfer: Apply for preservation and freezing promptly after discovering abnormal transactions, and, if necessary, claim accountability for malicious transfer behaviors. It should be noted that the execution court has clear requirements for exhausting property investigation measures. If the applicant actively provides clues and applies for investigation, it can significantly improve the effectiveness of the investigation and control. Although the enforcement and investigation systems in Beijing courts are relatively perfect, the requirements for personal information protection are also increasing. Investigation methods must be used within the scope of the law to avoid affecting the effectiveness of evidence due to improper evidence collection methods. 恒略律师在执行业务中的经验是,把网络查控作为起点而非终点。其一,了解覆盖范围:查控系统一般可查询银行存款、证券、车辆、不动产、工商股权、网络资金与社保税务信息,但数据更新有周期,且以登记信息为主。其二,补充调查:对查控未果或线索指向他人名下财产的,可申请法院调查或由律师申请调查令,向银行、不动产登记、工商与税务等部门查询,并结合交易记录追查资金流向。其三,线索追踪:引导当事人回忆对方的经营场所、常用账户、车辆使用情况、消费习惯与亲属关系,据此缩小调查范围;对以他人名义持有的财产,结合资金链条主张权利。其四,防止转移:发现异常交易后及时申请保全与冻结,必要时对恶意转移行为主张追责。需要注意的是,执行法院对穷尽财产调查措施有明确要求,申请执行人主动提供线索与申请调查,能显著提升查控的有效性。北京地区法院的执行查控体系较为完善,但个人信息保护要求也在提高,调查手段必须在合法范围内使用,避免因取证方式不当而影响证据效力。

IV. Practical Suggestions and Legal Basis

Action list: First, actively submit specific property clues after the case is filed to improve the hit rate of investigation and control; Second, apply to the court for investigation or use investigation orders if the investigation and control are unsuccessful; Third, trace the flow of funds and the property under others' names; Fourth, apply for preservation in time if abnormal transfers are found; Fifth, apply for restricting high-consumption and credit punishment for those who refuse to perform or evade enforcement. Legal basis: The provisions on property inquiry, seizure and freezing, and compulsory measures in the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024), as well as the relevant provisions of the Supreme People's Court on property investigation and online inquiry and control in civil enforcement. For matters related to enforcement and inquiry and control, you can refer to the following documents for reference:Creditor's rights and debts, and enforcement; For matters involving the company's equity, you can refer to the following for reference.Business and contract disputes in enterprises; For those involving financial assets, you can refer to the following for more information.\nFinancial capital and cross-border transactions involving foreign entitiesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, online investigation and control mainly focus on the property registered under the debtor's name, which leaves some blind spots. Secondly, the quality of the clues determines the hit rate of the investigation and control. Thirdly, the property under others' names needs to be traced along the fund chain. Fourthly, it is necessary to preserve the evidence in time when transfer of property is discovered to avoid secondary loss. Fifthly, the investigation and evidence collection must be legal, and attention should be paid to the boundaries of personal information protection. For matters involving enforcement and property investigation, it can be handled through the following channels:Creditor's rights and debts, and enforcementWe can provide a comprehensive solution for services, which may include the transfer of company equity interests if necessary.Business and contract disputes in enterprisesFor financial assets, you can refer to the following for more information.\nFinancial capital and cross-border transactions involving foreign entities.

VI. Frequently Asked Questions

Q1: What can be found through online investigation and monitoring?

Generally, it can query bank deposits, wealth management and online funds, securities accounts, vehicles, real estate, industrial and commercial registration and equity, as well as some tax and social security information, and can take freezing and seizure measures based on this. The query mainly focuses on the property registered in the name of the debtor, and the coverage of cash, assets owned by others, and overseas property is limited.

Q2: Does the inspection and control cost money?

The court generally does not require the parties to pay additional fees when conducting inquiries through the online investigation and control system; however, if it involves appraisal, auction, custody, and enforcement in other regions, relevant fees may be incurred and will be deducted from the enforcement funds in accordance with the regulations. If the parties entrust lawyers to conduct supplementary investigations and trace clues, they need to pay service fees according to the entrustment contract, and the specific fees shall be subject to the provisions of the contract.

Q3: Is there nothing we can do if we can't find the property?

No. You can apply to the court for an investigation or use an investigation order to conduct supplementary inquiries to trace the flow of funds and the assets under other people's names; trace the shareholders' contributions and the assets of related parties if the company has no assets; and, if necessary, apply for resuming enforcement and continuously update the clues. Enforcement is an ongoing process. As long as new clues to the assets are found, the process can be continued.

Q4: Can we check if the other party has transferred the money to their spouse's name?

You can give it a try. If there are abnormal fund transactions between the spouse's account and the debtor, or no reasonable consideration, you can claim that the property still belongs to the debtor's liable property or request the return of the corresponding share based on the fund chain. The key to providing evidence lies in the authenticity of the transactions and the reasonableness of the consideration. It is necessary to retrieve evidence of transfers, contracts, and usage to form a complete chain of evidence.

Q5: Is there a limit on the number of checks and inspections?

The law does not stipulate a fixed number of times. In practice, the court may conduct repeated inquiries within a certain period of time and take control measures promptly after discovering the property. The applicant for enforcement may actively provide new clues and apply for another inquiry or investigation. If there are changes in the property status of the debtor, the applicant may also apply for an updated inquiry at any time to maintain continuous control over the property.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →\nLegal services for creditor-debtor disputes·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.