Deepen the implementation and fulfill the promises for the people [Anhui court launched the "Jianghuai Storm" summer action to optimize the business environment]
□ Our reporter Fan Tianjiao
"According to the established plan, let's go!" At 5:50 in the morning on July 19, with an order, more than 40 police officers from the People's Court of Luyang District, Hefei City, Anhui Province focused on key cases such as defaulting on corporate debts and rushed to the execution site in batches. Take action.
In just 10 hours, the implementation amount has reached more than 21.19 million yuan.
Such executive horns are sounding one after another in the Jianghuai land.
Since May 23, Dong Kaijun, Secretary of the Party Leadership Group and President of the Higher People's Court of Anhui Province, mobilized and deployed the "Jianghuai Storm" to implement the summer action to optimize the business environment, courts at all levels have concentrated their efforts to break through a number of key cases and quickly set off Action boom.
The vast number of enforcement officers braved the scorching heat and rushed to the front line of enforcement to bring a different kind of summer "cool" to the masses.
The three-level linkage dean is in command
In the first half of this year, the number of enforcement cases received by courts in Anhui Province continued to show a growing trend. A total of 233,549 enforcement cases (excluding enforcement restoration and property preservation cases) were accepted, of which 217,608 were newly received enforcement cases, a year-on-year increase of 4.01%.
In the face of the high number of enforcement cases and the continuous growth, under the unified leadership of the Anhui Provincial High Court Party Group, the provincial courts focused on improving the quality and efficiency of enforcement, and carried out the "Jianghuai Storm" enforcement optimization from June 1 to August 31. Doing Business Summer Action.
According to the division of labor, the leaders of the Anhui Provincial High Court went to the front line of the Baobao Court. Together with the enforcement officers, they went through the summer craze to support and help the middle and grassroots courts to solve practical difficulties.
The Executive Directorate quickly formulated a summer action roadmap, identified targets, tasks and measures, and conducted operations on a wall chart. Then, according to the rapid progress of the summer action, it issued two notices to emphasize, advance and deploy the matters that need to be grasped and paid attention to in the action.
All municipal courts held meetings in a timely manner to mobilize and redeploy, set up leading groups, implement a guarantee and supervision mechanism, clarify tasks, and consolidate responsibilities.
The 125 middle and grassroots courts in the province acted quickly, and there were continuous reports of enforcement battles——
From June 1st to 30th, a total of 30,995 cases were executed and closed in the province, with a total amount of 9.822 billion yuan; 346 centralized enforcement actions were carried out, 3,953 people were arrested, 188 people were detained, 1.4453 million yuan was fined, and 31,492 people were included in the list of dishonest people. 26,149 people with high consumption were restricted, and 33 people were transferred to be held criminally responsible.
In a series of "high temperature operations", the "top leaders" of each hospital not only took command, but also took command of the expedition——
Li Dewen, President of the Intermediate People's Court of Tongling City, organized a special campaign to vacate houses with an area of 15,000 square meters; Gao Renbao, President of the Intermediate People's Court of Bengbu City, directed the demolition and cleaning of the buildings on the land of more than 60,000 square meters involved in the case; Hefei City Shi Guangyuan, president of the Luyang District People's Court, led the enforcement officers to conduct a centralized clearing of the auctioned objects...
The "top-in-command" presidents of the 125 middle-level and grass-roots courts in the province all directed the summer operation. As of June 30, a total of 193 people participated in the centralized enforcement operation, and the leaders of other courts participated in a total of 381 people in the centralized operation, effectively taking the lead and demonstrating effect.
Focus on the key points and make precise efforts
On June 24, the People's Court of Xiejiaji District, Huainan City concluded the bankruptcy liquidation case of Huainan Hongyintuo Electro-Acoustic Co., Ltd. in accordance with the law.
From acceptance to conclusion, it only took 36 days.
The reason for the fast trial and fast conclusion is that after the Xiejiaji District Court accepts the case, it applies the summary procedure for trial, and in the principle of legal trial and open procedure, it simplifies or consolidates the declaration of creditor's rights, holds a creditor's meeting, and serves legal documents. , shortening the trial time limit.
In addition, because the legal representative of the bankrupt company is far away, in light of the current situation of epidemic prevention and control, the court adopts an "online + offline" model to hold a creditor's meeting, which can not only satisfy the parties' demands for attending the meeting on-site, but also facilitate the long-distance and on-site participation. Difficult parties attended the meeting to speed up the trial process.
After reviewing the debtor's property status, the administrator found that Hongyintuo had no property to distribute, and the property was not enough to pay off the bankruptcy expenses, which met the conditions for declaring the debtor bankrupt and ending the bankruptcy proceedings as stipulated by law.
In accordance with relevant laws and regulations, the court ruled to declare Hongyintuo Company bankrupt and terminate the bankruptcy proceedings of Hongyintuo Company.
The case of "execution transfer and breaking" is one of the focuses of this summer operation.
During the operation, the provincial courts focused on 6 key cases such as delinquent corporate debt cases and cases involving people's livelihood and "transformation of enforcement" cases, implemented classified management, established special ledgers, and comprehensively used the establishment of special classes, public rewards, and coordination and linkage. , Precisely exerting force, and attacking the fortress with all-out efforts——
Huainan City Intermediate People's Court established a special class for key case work, and jointly issued the "Notice on Severely Crackdown on Refusal to Execute Judgments and Rulings" in conjunction with the Municipal Procuratorate and the Municipal Public Security Bureau, and sorted out a list of 100 unaccounted persons subject to execution. The Public Security Bureau assisted in the search; the Chizhou Intermediate People's Court and the Municipal Bureau of Natural Resources and Planning jointly formulated and issued the "Implementation Opinions on Relevant Issues in Execution and Bankruptcy Procedures", which clarified that when the court disposes of land use rights during execution and bankruptcy, it needs to report to the city itself. The municipal government has the right of first refusal to take the initiative to serve the overall economic and social development, and has achieved good results.
From June 1st to 30th, the courts of the whole province executed and settled 912 cases of delinquent corporate debts, with a total amount of 3,024.36 million yuan; 129 cases involving party and government agencies, with a target amount of 262.19 million yuan; There were 4,638 cases, with an amount of 159.44 million yuan; 549 cases with long-term unfinished property, with an amount of 632.33 million yuan; 95 cases of "execution transfer" were transferred, 52 bankruptcy cases were ruled to be accepted, and the execution was resolved. There were 782 cases, which strongly promoted the withdrawal of "zombie enterprises" from the market in accordance with laws and regulations.
Repair credit properly
"The factory building is our company's last support and hope. Once auctioned, we will be completely finished." During the communication with the executive judge of the Huaishang District People's Court of Bengbu City, the person in charge of an industry and trade company who was under execution almost cried.
It turned out that the industry and trade company had a dispute over a transfer contract with a mechanical and electrical equipment company. Affected by the epidemic, the industry and trade company was unable to perform its repayment obligations in a short period of time.
After the case entered the enforcement procedure, the Huaishang District Court seized the factory land under its name according to law.
On the one hand, there is the expectation of the applicant for enforcement, and on the other hand, the practical difficulties of the person subject to enforcement. The case undertaker did not handle the case mechanically, but communicated and coordinated many times, prompting the two parties to reach a settlement agreement to be performed in stages and batches. After the agreement was signed, the industry and trade company was on the spot. performance repayment.
How to provide a "silver chance" for the development of the once untrustworthy enterprises under the legal framework?
Courts across the province insist on proper enforcement, and prudently take disciplinary measures in accordance with the law, and adopt flexible enforcement ideas, where the enforced enterprise temporarily loses its ability to perform due to the impact of the epidemic but does not evade or resist enforcement. "Fish" and other methods to help revitalize corporate assets and urge both parties to reach an execution settlement.
At the same time, local courts also focus on guiding and assisting honest, trustworthy and self-disciplined enterprises to apply for credit restoration in a timely manner, and help enterprises regain development vitality——
The People's Court of Bengshan District, Bengbu City has issued detailed rules for the implementation of credit restoration. For the executors of small and medium-sized enterprises, those who are willing to perform but lack the ability to repay in the short term, encourage the parties to perform their judgment obligations in good faith and correct dishonesty through a flexible method of positive guidance. act to help restore credit in administrative licensing, market access, project approval, financial lending, tendering and bidding, etc., and preserve a "win-win possibility" for the subsequent performance of debt; + credit repair", "give a grace period for failure to pay", and issue credit repair certificates to help 19 enterprises resume work and production; Huaibei City Intermediate People's Court and the Municipal Development and Reform Commission carried out untrustworthy repairs on 713 sub-enterprises, and they were found to have no property after screening. If it is available for enforcement, according to the specific circumstances of the case, 313 sub-enterprises will be removed from the list of untrustworthy enterprises, which will help improve the sustainable operation and development capabilities of enterprises.
From June 1 to 30, the courts of the province repaired 3,779 cases involving enterprises, and issued 155 credit recovery certificates, further creating a strong atmosphere of encouraging automatic performance and supporting honest management, and striving to optimize the legalized business environment.
A reporter from the "Rule of Law Daily" learned that on the basis of the continuous implementation of the "Jianghuai Storm" implementation of the long-term mechanism construction, promotion and promotion activities, Anhui High Court has launched the "Jianghuai Storm" this year to implement the deployment of the "five key tasks". "Implement the long-term mechanism building and consolidate the annual activities.
As the temperature continues to rise, summer operations are becoming more and more hot, and the long-term implementation mechanism has been further consolidated.