Standardize the power of execution according to law and effectively solve the difficulty of execution

2022-07-07

Civil compulsory execution shall be fair, reasonable and appropriate, taking into account the legitimate rights and interests of all parties and interested parties, and shall not exceed the necessary limit to achieve the purpose of execution; If the person subjected to execution is a minor, the people's court shall not include him in the list of dishonest persons subjected to execution... Recently, the draft civil enforcement law was first submitted to the Standing Committee of the National People's Congress for deliberation. In view of the current difficulties and pain points in the field of execution, we should strengthen the supervision and restriction of the power of execution, put the power of execution into the "institutional cage", and provide special legislative guarantee for effectively solving the difficulties of execution. The implementation work is an activity that relies on the national coercive force to fulfill the effective legal documents. It is not only a key link in the judicial process, but also related to the timely realization of the legitimate rights and interests of the people, the effective improvement of judicial authority and judicial credibility, the construction of integrity infrastructure for economic and social development, and the implementation of the basic strategy of comprehensively ruling the country by law. In recent years, the people's courts have won the battle of "basically solving the difficulties of implementation", continued to consolidate and improve their achievements, vigorously strengthened the construction of standardization of implementation, and continued to rectify the illegal acts of abusing the power of implementation and infringing on the rights and interests of the masses. Remarkable results have been achieved in the implementation work. Data show that since 2019, the people's courts have handled 10.16 million enforcement cases annually, with an average annual amount of 1.85 trillion yuan. However, the problem of anomie in implementation still exists in some areas and aspects. Judging from the education and rectification of the first batch of court teams in China, the number of cases of violations of discipline and law by enforcement personnel is relatively high, and the field of enforcement is still a place with high risks of integrity. Some judicial personnel take excessive enforcement measures, and some places carry out selective or even arbitrary enforcement... These non-standard enforcement problems infringe on the legitimate rights and interests of civil subjects, and also seriously affect the judicial authority and judicial credibility. In particular, the demands of small, medium-sized and micro enterprises and individual businesses to timely and efficiently realize the rights and interests of winning lawsuits through civil enforcement procedures are stronger, and the requirements for the legitimacy, appropriateness, accuracy of implementation measures and equal protection of the rights and interests of all parties are more urgent. Strive to make the people feel fairness and justice in every judicial case, which is not only reflected in making a fair judgment, but also in the practical implementation of the judgment. In 2019, the Central Committee for the comprehensive administration of the country according to law issued the "opinions on strengthening comprehensive governance and effectively solving the difficult problems of implementation from the source", which required to strengthen and improve the implementation work of the people's courts, promote the construction of implementation informatization, improve the standardization level of implementation, strengthen the publicity of implementation, and standardize the closing procedures of cases with no property available for execution. At the end of last year, the "opinions of the Supreme People's Court on further improving the restriction mechanism of the executive power and strengthening the supervision of execution" was issued, focusing on effectively solving the stubborn problems such as "dishonest execution", "improper style of work", "delayed execution, negative execution, selective execution", and locking the executive power into the "system cage" and "data cage", so that the executive power can be more effectively supervised and restricted. The special legislation on civil enforcement this time provides a strong legal guarantee for the realization of the goal of "effectively solving the difficulties of implementation", and also releases a strong signal that the party and the state "put power in the cage of the system" and maintain fairness and justice. The people's court should bear the main responsibility for effectively solving the difficulties of execution and ensuring the successful parties to realize their rights and interests in a timely manner in accordance with the law. On the one hand, we should ensure that every act of implementation is based on the law and rules to follow, and ensure that the exercise of the right of implementation is strictly standardized, fair and civilized; On the other hand, it is necessary to strengthen the open implementation and widely accept supervision from all aspects. Only by ensuring the people's right to know and participate can fairness and justice be more visible, sensible and accessible. (outlook new era)

Edit:Luo yu    Responsible editor:Wang er dong

Source:people.cn

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