Chinanews.com, March 9th. Liu Guixiang, deputy ministerial full-time member of the Judicial Committee of the Supreme People's Court, stated on the 9th that punishment measures for dishonesty concern the vital interests of all parties. We must maintain awe, exercise power cautiously, and accurately adopt punishments for dishonesty and restrict consumption. Focus on the focus of credit punishment on cracking down on a small number of illegal and untrustworthy behaviors such as evading execution and resisting execution, grasping the standardization and appropriateness of credit punishment, and resolutely avoiding abuse and excessive application of punishment measures for dishonesty.
On March 9, the Information Bureau of the Supreme People's Court held a series of all-media live interviews on the interpretation of the 2021 National "Two Sessions" and the "Supreme People's Court Work Report", focusing on the people's courts to give full play to their functions to crack down on false and fraudulent behaviors, and to facilitate exchanges and interviews in building integrity.
A questioner said that the untrustworthy list system is an innovative measure of the people's court, which has explored a new way for building integrity.
However, there is also a voice in society that thinks that the list of dishonesty adopted by the court is a bit "excessive".
Liu Guixiang said that despite a series of measures, the lack of trust in enforcement has slowed down, but the main contradiction in the current enforcement work is evasion and evasion of enforcement. It is necessary to maintain firmness, unceasingly, and comprehensively use various means to combat a few evasion of enforcement. , Avoid enforcement behavior, form a long-term high-pressure posture against dishonest behavior, cultivate social habits of abiding by law and trust, and form a social atmosphere for consciously fulfilling effective legal documents.
"Of course, we are also soberly aware that sanctions for dishonesty are related to the vital interests of all parties. We must maintain awe, use power cautiously, and accurately adopt sanctions for dishonesty and restrict consumption, and focus the focus of credit sanctions on combating a small number of evasive enforcement and resistance. Enforcement and other untrustworthy behaviors come up, grasp the standardization and appropriateness of credit punishment, and resolutely avoid abuse and excessive application of punishment measures for dishonesty.” Liu Guixiang said.
Liu Guixiang pointed out that in 2019, the Supreme Court issued an opinion on good faith and civilized execution, which further strictly regulates the applicable conditions, procedures, and remedies for punishment of dishonesty. For example, it further clarified that local courts can combine the actual situation of the case to deal with those who decide to take disciplinary measures. The person subject to enforcement shall be granted a grace period of one to three months. If the person voluntarily fulfills the obligation of the effective legal document within the grace period, no disciplinary measures shall be taken; if it is not performed, it shall be taken again.
Some places try to include the pre-notification system on the untrustworthy list, which is a beneficial attempt.
"At present, we are speeding up the research and development of a disciplinary classification mechanism and a timely credit restoration mechanism, to subdivide different types and levels of untrustworthy behaviors in terms of disciplinary time limit and disciplinary scope, so that disciplinary measures are more accurate and more in line with the principle of proportionality." Liu Guixiang According to the report, courts in Ningbo, Jiangxi, Ningxia, and many other places are exploring automatic performance positive incentives and credit repair enforcement mechanisms, and have achieved more obvious results. From January to November 2020, Ningbo City completed 1,178 credit repairs, involving a total of 365 million yuan.