Is the designation of exclusive color ring tones for "Laolai" infringing? Court: Follow the basic principles of lawfulness
Reporter: Citizen information is protected by law. Does the people's court have the right to inquire about the communication registration information of the person subject to enforcement?
Li Xungu: The communication registration information inquired by the people’s court only includes “registered owner’s name, owner’s ID number, mobile phone number, usage status, and customized ring back tone service”. There is no restriction on the person’s freedom of communication and no inquiry. Communication content. For inquiries about the aforementioned information, the law and judicial interpretation have given the people's court the powers. Article 67 of the "Civil Procedure Law of the People's Republic of China" stipulates that the people's court has the right to investigate and collect evidence from relevant units and individuals, and relevant units and individuals may not refuse. Article 485 of the Supreme People’s Court’s interpretation on the application of the Civil Procedure Law of the People’s Republic of China stipulates that the people’s court has the right to inquire about the identity information and property information of the person subject to enforcement, and the entities and individuals that have relevant information must assist in the enforcement. Notice processing.
Reporter: Does the third person use the mobile phone number registered by the person who is untrustworthy to customize the exclusive ring back tone, does it infringe the rights of the mobile phone number user?
Li Xungu: The owner of the same registration machine has a primary card number and a secondary card number, and even set up mobile phone numbers in a number of communications companies. It is true that these numbers are not used by the enforcer himself. However, it should be noted that the customization of the CRBT of the dishonest person subject to enforcement follows the basic legal principles: First, the content of the CRBT makes it clear that the owner of the call number registration is included in the list of dishonest person subject to enforcement by the people's court, not the user of the number; The second is that others have the right not to use the mobile phone number of the untrustworthy person subject to enforcement. If you want to use it, you should bear the duty of tolerance for customizing exclusive color ring back tones.
Reporter: Is the exclusive color ring back tone really effective?
Li Xungu: Since the People's Court has implemented a list of untrustworthy persons subject to enforcement, we have followed up and implemented measures to restrict high consumption, such as not being able to take airplanes, soft sleepers, high-speed trains with the prefix G, not bidding, and not serving as company executives. Although it is effective, there are still people who are untrustworthy. We believe that the high-spending group is only a part, and the scope of publicity is not wide enough.
The publicity method of exclusive color ring tones can make people around the person who is untrustworthy understand this information, and this publicity method has a better legal punishment effect on him.
In 2017, Jiangsu took the lead in launching this publicity method, and the effect was very good. In December 2019, the Municipal High Court implemented exclusive CRBTs in 11 pilot courts across the city for a period of one year.
The Wuxi County People's Court is not a pilot unit. Among the non-pilot units, we are the first unit to customize an exclusive color ringtone for the untrustworthy person subject to enforcement. Wuxi is in a remote location. Compared with broadcasting, newspapers, etc., publicizing the information of untrustworthy persons, the color ring will be more effective.
Chongqing Morning News·Upstream News Reporter Chen Zhu