Analysis of the highlights of the draft draft law enforcement law of the civil forced enforcement law

Xinhua News Agency, Beijing, June 21: Analysis of the highlights of the draft law of civil forced enforcement law that debuted for the first time

Xinhua News Agency "Xinhua View Point" reporter Bai Yang, Luo Sha, Qi Qi

Winning the lawsuit, but still can't get "real gold and silver"? Application for mandatory execution, but encountered the judiciary "grinding foreign workers"? On the 21st, the draft law of the Civil Establishment Law was first submitted to the meeting of the Standing Committee of the National People's Congress for consideration to provide special legislative guarantees to effectively resolve the difficulty of implementation.

From the clarification of the punishment measures for "Lao Lai" to strengthening the supervision of execution rights, the draft has promoted the establishment and improvement of a long -term mechanism for the difficulty of comprehensive governance and source governance for the difficulty of the current implementation field.

Punishment "Lao Lai": Clarify the legal basis and increase deterrence

While losing debts, the sky is spent ... "Lao Lai" phenomenon affects judicial authority and harms social integrity, and the masses hate it.

In recent years, the joint disciplinary system of dishonesty has become a highlight of my country's integrity construction. The draft civil enforcement law enforcement of the law on this time clearly clarifies the punishment measures of "Lao Lai" through legislation, so that it will be "dishonesty and restricted everywhere."

The draft is clear that if the executed person does not fulfill its obligation to implement the basis, the people's court may prohibit them from conducting high consumption and non -living or necessary consumption that can be restricted.

The draft also clarifies the applicable conditions for the list of people who are incorporated into the list of dishonesty, including: evidence to prove that the person executed has the ability to fulfill and refuses to perform the obligation to implement the basis; Destroy property and other methods to avoid the obligation to perform the implementation of the basis for implementation; violate the consumption order to consume consumption.

For one of the above behaviors, the people's court may be fined and detained according to the weight of the circumstances; if a crime constitutes a crime, criminal responsibility is investigated in accordance with the law.

Xie Hongfei, director of the Civil Law Department of the Law Research Institute of the Chinese Academy of Social Sciences, said that with the development of economic and social development, the property conditions of units and natural persons are becoming increasingly complicated, and the means of evasion of implementation are more diverse. The formulation of specialized civil enforcement laws will help solve the applicable legal issues existing in the implementation practice, provide full legal basis for the people's court strictly regulating the enforcement cases of fair and civilized handling, and provide more powerful legal guarantees for civil subjects.

Meng Qiang, director of the Civil Code Research Center of the School of Law of Beijing University of Technology, said that the draft clearly clarifies that the court can impose fines, detention or criminal liability in accordance with the law according to the serious circumstances. Effective constraints.

"The reason why the executed person dares to ignore the effective legal documents and avoid execution or even blatantly confrontation. It is believed that the draft has greatly enhanced the morality, economic and legal costs of the recreational dishonesty, and squeezing the space evasion space of the executed person, which will have a effective deterrent of the person who is executed by the dishonesty.

Form the joint force: clarify the obligations of assistance and establish a lawyer's investigation order system

East hiding in Tibet, transferring property, false lawsuits ... In real life, some "Lao Lai" in order to avoid the implementation of the execution. It is difficult to find people in the field of execution and difficult to check. It is necessary to fully cooperate with relevant departments and all sectors of society to form a joint force.

The draft law enforcement law is clear. During its implementation, relevant organizations and individuals shall assist in the implementation of the property and identity information of the executed person and relevant personnel in accordance with the notice of the people's court; , Dialing, restricting consumption, restricting outbound abroad. Relevant state organs with assistance to implementation obligations or other organizations that undertake social management functions and provide social public services shall establish an information network assistance enforcement mechanism.

"Forcing the enforcement of investigations involving property status and restrictions on personal freedom, if relevant organizations or individuals do not cooperate, not only will the court fall into the dilemma of 'single fight", but also may cause the parties to question the judicial decision. Affects judicial authority. "Xie Hongfei said that clarifying the legal obligations of all aspects of the implementation work will help to achieve timely sharing of implementation information and improve the efficiency and accuracy of execution.

The draft also stipulates that if the people's court cannot inquire about a property information that the people cannot inquire about the network information platform, the applied executive who applies for an entrusted lawyer to objectively cannot be retrieved by themselves, and may entrust a lawyer to apply for an investigation order to the people's court.

Xiao Jianguo said that the investigation of lawyers is essentially a legal relationship of authorization in the judicial field. It has the court's public power as a backing support and has a certain compulsory effect. This system helps reduce the work pressure of the court's executive departments "more cases and less cases", and strengthen the parties' main position in the enforcement of enforcement.

With the development of economic and social, new property types such as equity, intellectual property rights, and virtual property have continued to emerge. In order to further strengthen the obligations of the person's report of property, the draft clarifies the reporting system of the property order, and stipulates that after the executed person receives the report of the report from the court, it shall report to the specified date to report in person.

Meng Qiang suggested that the property rights registration system is improved as soon as possible to achieve registration and querying electronicization and networking; the trial authority should also fully understand the relevant difficult issues in the implementation field, so that the judgment is more enforcement.

Standard execution: Strengthen supervision and restraint, crack the execution loss

In practice, some judicial personnel have taken excessive implementation measures, and there are selective execution or even chaotic execution ... These dislocation problems seriously affect judicial credibility. The draft is clear that the enforcement of civil compulsory enforcement should be fair, reasonable, and appropriate, taking into account the legitimate rights and interests of the parties and the interested parties, and must not exceed the necessary limit for implementing the purpose of implementation. The draft also stipulates that if the person is an executor is a minor, the people's court shall not include it into the list of dishonestyes.

"Some local execution measures are relatively radical, and improper restrictions on being executed." Meng Qiang said that executives should stabilize the unable to fulfill and refuse to perform, clarify the debtor's property and others' property, and grasp the "degree" of compulsory enforcement measures. The draft highlights the legislative concept of "implementation of goodwill and civilization", ensuring that the implementation work not only realizes fairness and justice, but also balances the legitimate rights and interests of all parties.

In order to further solve the problem of disappointment such as negative implementation and chaos, the draft also stipulates that the parties and the stakeholders can propose the application system and the self -correction system of the people's court on the implementation of the implementation behavior that the people's court should not implement.

"This helps to guide the applicant to actively exercise its rights to protect their rights and interests, strengthen the supervision of the enforcement of the court, and urge the court to perform their duties in a timely and correct performance." Xie Hongfei said.

The draft also stipulates that with the application of the parties and the interested parties, the People's Procuratorate believes that the implementation behavior of the same or higher people's courts violates the laws and regulations, shall be implemented without implementation or other effective rules and decisions in the implementation. If you need to correct it, the procuratorial suggestion shall be made.

Xiao Jianguo suggested to further improve the enforcement of the relief system and provide sufficient relief procedures for the execution of participants. For example, for serious negative execution behaviors, in addition to the execution agency's self -correction, the supervision of the higher -level courts, and the supervision of the procuratorial organs, it is also necessary to give the parties and the interested parties to apply for rearing jurisdiction.

[Editor in charge: Xu Haizhi]

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