China News Agency, Beijing, June 24 (Reporter Zhang Su Liang Xiaohui) If the judiciary is the last line of defense to maintain social fairness and justice, enforcement is an extremely important part of this line of defense.
At present, the draft Civil Enforcement Law has been submitted to the Thirty-fifth Session of the Standing Committee of the Thirteenth National People's Congress for deliberation.
This legislation aims to solve the problem of "difficulty in execution" in reality, and more effectively protects the line of defense of fairness and justice.
A few days ago, the Standing Committee of the National People's Congress conducted group deliberation on the draft law.
During this period, many members of the Standing Committee believed that it was necessary and timely to formulate the Civil Enforcement Law, and noted that the draft had incorporated the effective experience and practices in practice, which would promote the establishment and improvement of a long-term mechanism for dealing with "difficulty in enforcement".
What is "difficult" in implementation?
Xu Xianming, a member of the Standing Committee of the National People's Congress, summed up the difficulties such as "difficulty in finding people", "difficulty in finding things", "difficulty in realization", "difficulty in preventing corruption" and "difficulty in reforming the system".
During the group deliberation, many voices believed that the solution is to make the legal provisions stricter.
Data show that since 2019, Chinese courts have handled an average of 10.16 million enforcement cases annually, with an average annual amount of RMB 1.85 trillion in enforcement.
However, some dishonest persons who are commonly known as "Lao Lai" are still evading their debts and repaying their debts.
Some scholars have pointed out that compulsory enforcement involves many aspects such as property status investigation and personal freedom restrictions. If relevant organizations or individuals do not cooperate, the court will fall into a "single-handed" enforcement dilemma.
Chen Jun, a member of the Standing Committee of the National People's Congress, believes that after years of practice, the courts have achieved outstanding results in "finding things" by establishing an online enforcement investigation and control system, but the overall effect of "finding people" is not obvious. It is suggested that when formulating laws, it is recommended to clarify which departments have the obligation to assist the court in "finding people".
Chen Guomin, a member of the Standing Committee of the National People's Congress, further pointed out that it is necessary for the public security organs to participate in solving "difficulties in finding people" and "difficulties in detaining cars".
He also mentioned that automatic identification and automatic interception of the list of dishonest persons subject to execution should be realized on a wider scale.
How to execute after finding "people" and "things"?
The draft law makes specific provisions on execution of investigation and control, execution of property realization, etc.
Du Xiaoguang, a member of the Standing Committee of the National People's Congress, pointed out that there are still cases where the person subject to execution evades execution by transferring or concealing property. Solve problems wisely.
In the opinion of Wu Yue, a member of the Standing Committee of the National People's Congress, the content of the lawsuit of revocation and permission enforcement can be added to prevent it from evading enforcement.
Deng Li, a member of the Standing Committee of the National People's Congress, pays special attention to the enforcement of marital property, and believes that a property analysis and disposal procedure should be set up to clearly identify the responsible property.
Wang Yanmeng, a member of the Standing Committee of the National People's Congress, also said that it should be ensured that the joint property of the husband and wife can only be executed when the debtor has no other property to execute except personal property.
Some members of the Standing Committee also stated that the "lawyer investigation order" system will help reduce the work pressure of the court enforcement department with "there are too many cases and few cases", and the "property reporting order" system will help strengthen the obligation of the person subject to execution to report property. The property rights registration system should be improved, and science and technology should be used to solve the "difficulty" of enforcement.
A series of disciplinary measures for dishonest persons subject to enforcement, such as "prohibiting them from high consumption and related consumption that is not necessary for life or business" and "restricting their departure from the country", in the first draft of the Civil Enforcement Law, have attracted a lot of attention.
Li Rui, a member of the Standing Committee of the National People's Congress, reminded that the person subject to execution may be a natural person, a legal person or an unincorporated organization. The current draft regulations on restricting consumption of natural persons are not comprehensive enough. It is recommended to add "the person subject to execution is a legal person." Or if it is not a legal person organization, it may take measures to restrict consumption of its main responsible persons or persons directly responsible for affecting the performance of debts.”
For those who refuse to be executed, the draft proposes to establish a daily fine system and a special detention system.
Both Chen Jun and Du Xiaoguang suggested raising the upper limit of fines and extending the period of detention to improve the effect of punishment.
While discussing how to make legal provisions grow "teeth", the participants also generally paid attention to how to put the enforcement power in the "cage" of the system.
"I think it is necessary to make more specific norms according to the actual situation, and strengthen the restriction and supervision of the operation of power." Tan Yaozong, a member of the Standing Committee of the National People's Congress, said.
In fact, the draft clarifies that civil enforcement should be fair, reasonable and appropriate, taking into account the legitimate rights and interests of all parties and stakeholders.
Among the measures listed, some will help guide enforcement applicants to protect their own rights and interests, and some will provide relief procedures for enforcement participants.
Improve search procedures and protect the legal rights of the person under search; regulate the violation of the legal responsibilities of this Law by courts, enforcement agencies and other subjects, and restrict the powers of the enforcement agencies and their personnel; The second enforcement procedure case shall be explained to the party applying for enforcement and the relevant third party... In this group review, the participating members also put forward many suggestions around "sunshine enforcement".
Behind the locking of the executive power into the institutional "cage", there is also a system reform that separates the judicial power from the executive power.
Zhang Sujun, a member of the Standing Committee of the National People's Congress, suggested that the separation of trial and enforcement should be considered from a higher level and a wider scope in the legislative process, so that a more effective restraint mechanism should be formed between the trial power and the enforcement power.
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