Promulgation Date: 2019-7-14 Title: Opinions on Strengthening Comprehensive Governance to Truly Resolve Challenges in Enforcement at their Source Document Number:中法委发1号 Expiration date: Promulgating Entities:中央全面依法治国委员会 Source of text: http://courtapp.chinacourt.org/fabu-xiangqing-178382.html
The following Opinions on strengthening comprehensive governance of challenges in enforcement, deepening the establishment of linked enforcement mechanisms, and strengthening the people's court's enforcement work, are hereby made so as to fully implement the major decisions and deployments of the fourth plenary session of the 18th Party Central Committee on 'truly resolving challenges in enforcement" and "lawfully ensuring the prompt realization of the rights and interests of the winning parties in litigation" , further completing and improving the overall picture for comprehensive governance in accordance with law, ensuring that the goal of truly resolving challenges in enforcement is realized.
I. Thoroughly Recognize the Important Significance of Efforts to Resolve Difficulties in Enforcement
The people's courts' enforcement work is an important tactic relying on state power of compulsion to ensure the comprehensive and correct implementation of the law, and is a key link in the preservation of the public's lawful rights and interests. Doing a good job of enforcement work and truly resolving the longstanding problem of challenges in enforcement is the implementation of the basic strategy of fully governing in accordance with law, is the realization of social fairness and justice, and is of the utmost importance. Since the 18th Party Congress, the Party Central Committee with Comrade Xi Jinping as it's core has stood at the height of the overall picture and strategy, and designated resolution of the challenges of enforcement a key part of comprehensive governance in accordance with law, and made major decisions and deployments. In the last three years, under the firm leadership of the Party Central Committee with Comrade Xi Jinping as it's core, and with the joint effort of each region and each relevant department, enforcement work has achieved significant results. At the same time, a few comprehensive and root problems still exist that are restricting the long-term development of enforcement work, making it so that it is still need to redouble efforts to reach the goal of resolving challenges in enforcement.
Each region and each relevant department should resolutely adhere to Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as their guidance, increase the 'four awarenesses', uphold the 'four self-confidences', and achieving the 'two preservations'; to fully recognize the important significance of strengthening enforcement work and truly resolving challenges in enforcement; increasing the force of efforts, strengthening the implementation of responsibility, forming a great united work force, to ensure the completion of the tasks set out by the Party Central Committee in reaching the goals of truly resolving challenges in enforcement..
II. Advance the Establishment of Joint Enforcement Mechanisms
(1) Establish Online Systems for Enforcement Inspection and Control. Increase the application of digital tactics in enforcement work, integrating and improving existing digital systems, and bringing about networked enforcement work mechanisms for locating judgment defaulters and controlling assets. Through the national uniform governmental affairs networks, ensure that people’s courts' enforcement investigation and control networks are interconnected with the networks of government departments such as for public security, civil affairs, human resources and social security, natural resources, housing and urbanization construction, traffic and transportation, agriculture and rural affairs, market oversight, financial oversight; and also with units such as financial institutions and Internet enterprises; to build a networked and automated system for enforcement investigation and control covering all regions and major asset forms such as land, housing, securities, shares, savings, financial products; and bring about inter-connectivity and full application by the four levels of court nationwide. People's courts and people's procuratorates should strengthen communication, closely coordinate, explore the establishment of a national court and procuratorate enforcement and oversight information sharing platform. The data security of the online enforcement inspection and control systems themselves needs to be ensured; tightening permissions, procedures, and responsibility for the collection and use of information, to prevent leaks of citizens and enterprises' information.
(2) Establish and complete coordination and linkage mechanisms for locating judgment defaulters. The people's courts and public security organs are to establish and improve coordinated action mechanisms for locating persons subject to enforcement, coordinate the locating of persons subject to enforcement who have disappeared, coordinate finding and seizure of their vehicles, restrict persons subject to enforcement leaving the country [mainland], and establishing new online coordination mechanisms for doings so. The public security organs shall lawfully and promptly take into custody any persons subject to enforcement and persons assisting enforcement that the people's courts have decided to detain or arrest, or that the people's procuratorate has approve arrest for. Where enforcement is violently resisted, the public security organs should promptly dispatch police, and promptly address it.
(3) Accelerate the progress of efforts on a judgment defaulter information sharing platform. Use the national "Internet + Regulation" system and the national Public Credit Information Sharing Platform, to advance the realization of Public Credit Information resource sharing of judgment defaulter information with departments such as for public security, civil affairs, human resources and social security, natural resources, housing and urban rural development, transport, culture and tourism, finance, financial oversight, taxation, market regulation, science and technology, and so forth, as well as relevant mass organizations, social organizations, enterprises and public institutions. Clarify the scope in which telecom enterprises may cooperate in collection of information, regulate procedures for collect. Establish and improve social credit archive systems, bringing judgment defaulters information into social credit appraisal systems as an important credit rating index.
(4) Improve joint disciplinary action mechanisms for judgment defaulters. All relevant departments are to complete interconnections and information sharing between the "Internet + Regulation" system and the national credit information sharing platform joint disciplinary action system as quickly as possible; do a good of systems for associating and binding judgment defaulters' identification, passports, and all other legally valid credentials; include the Judgment Defaulters List information issued by the people's courts in the units' "Internet + Regulation" system as well as management and approval work systems; bringing about automatic comparisons and oversight of Judgment Defaulters List information, and automatic adoption of restraint and punishment measures, promoting and improving credit oversight, warning, and punishment systems in which untrustworthiness in one place is met with restrictions everywhere. Establish mechanisms for evaluating joint enforcement work, carrying out special inspections on the implementation of credit oversight, warning, and punishment mechanisms, and expanding the force of evaluations and accountability. Regulate the use of lists of the untrustworthy, improve mechanisms for correcting errors and remedies, to protect the lawful rights and interests of judgment defaulters in accordance with law.
(5) Strengthen credit oversight of public employees. The people's courts should promptly provide units such as organizational and human resources departments with situations of Party members and public employees refusing to perform on effective legal documents, or illegally interfering with or obstructing enforcement, and employ appropriate methods to jointly urge rectification. Where Party members or public employees refusal to perform on effective legal documents, or illegal interference or obstruction of enforcement, constitutes a violation of discipline or law, it is to be handled according to the "Discipline Regulations of the CCP" and the "Supervision Law of the People's Republic of China" and other relevant provision, respectively.
(6) Increase the force of crackdown on refusals to carry out effective judgments and rulings, and other illegal or criminal conduct. Police, prosecutors, courts, and other political legal organs are to strengthen coordination and cooperation, unifying standards for opening cases, and establishing normalized work mechanisms for combating crimes of refusing enforcement. For refusals to perform on effective judgments or rulings, as well as other obtructions of enforcement, that are criminal conduct, the public security organs shall lawfully and promptly open a case and investigate, the people's procuratorates shall lawfully and promptly approve arrest and review for prosecution, and the people's courts shall lawfully and promptly hear them. Where the public security organs do not open a case or the procuratorates do not indict, they shall issue a legal document facilitating parties' channels for prosecuting it themselves. Gradually establish a model for litigating criminal refusals to perform on judgments or rulings in which parties' private prosecutions are most important, and increase the force of the crackdown on fake litigation, fake arbitration, fake notarization, and other criminal means of transferring of assets to avoid enforcement.
III. Strengthen and Improve People's Court's Enforcement Work
(1) Advance the establishment of digital enforcement. Improve the establishment of systems for enforcement inspections and control, networking and automating inspection and control of judgment defaulters' main assets, such as real estate, vehicles, securities, stocks, savings, and other financial products. Strengthen the establishment of links between joint disciplinary action systems and "Internet + Regulation" systems, bringing about networked automatic oversight and automatic punishment of judgment defaulters. Establish and complete systems for judicial inquiries, using cloud computing, big data, and other contemporary information technologies to conduct online inquiries, and determine reference values for the disposition of assets. Improve efforts on online judicial auctions, bringing about iterative upgrades in auction models. Improve the uniform enforcement case-handling platform for the four levels of courts, strengthening controls at each node, and making case-management digital and 'smart'.
(2) Increase the level of standardization in enforcement. Complete standardized institutional systems for enforcement, strengthen judicial interpretation work in the enforcement area, establish and improve a system of norms for enforcement conduct with operating procedures as their core. Increase the force of transparency in enforcement, fully advancing sunshine enforcement. Standardize procedures for closing enforcement cases where there are no assets to be given, and improve procedures for resuming enforcement. Strenghten the establishment of a national enforcement command system, ensuring the long term efficacy of enforcement work systems with uniform management, direction, and coordination. Establish the idea of enforcement being lawful, standardized, just, good faith, and civil, to protect property rights in accordance with law. Strictly distinguish between personal assets and enterprise assets in accordance with law; and strictly distinguish between illegal gains and lawful assets; to reduce the negative impact on enterprises' normal business activities to the greatest extent possible. Expand channels for enforcement oversight, completing enforcement oversight systems.
(3) Increase the force of compulsory enforcement. Make full use of compulsory measures such as fines, detention, and limits on leaving the country 【mainland】 in accordance with law, and increase the force of corrections for refusals to perform, obstructing enforcement, and violent resistance to legal enforcement. Improve mechanisms for countering avoidance of enforcement in violation of rules, sternly combat criminal refusal to perform, and truly increase the deterrent force of compulsory enforcement.
(4) Innovate and expand enforcement measures. On the basis of applications by the parties, the people's courts may request the persons subject to enforcement or persons assisting enforcement make declarations or filings with the people's courts regarding disposition of their major assets and changes in important matters. In addition to traditional enforcement tactics such as sealing, seizure, freezing, auctioning, sale, and pawning, explore enforcement measures such as direct payments, asset restructuring, and entrusting operations, and accelerate the advancement of systems for commissioning audit investigations, collecting evidence through notary, and posting rewards for information. Advance the inclusion of government debt involved in litigation in budget management. Distinguish core matters in enforcement and auxiliary matters, clarifying the scope of auxiliary matters that can be outsourced, establish mechanisms for diverting auxiliary matters, explore appropriate outsourcing of auxiliary enforcement matters such as sending and delivery of case funds, as well as investigation and control of assets, and judicial auctions.
(5) Improve mechanisms for enforcement work. Improve work mechanisms such as for coordination and cooperation between case filing, trial, and enforcement; for diverting complex and simpler cases; and for the orderly linkage of enforcement and bankruptcy. Strengthen system management for enforcement work, improve enforcement work management models between higher and lower courts, strengthening higher courts' oversight and responsibility for lower courts' enforcement work. Establish and complete internal court work mechanisms for coordination and cooperation between organization and human resources departments, supervision departments, and enforcement operations departments.
IV. Strengthen the Establishment of Systems for Handling Enforcement Difficulties at Their Source.
(1) Accelerate the establishment of a Social Credit System. Establish a credit system covering the entire society, with information such as on credit transactions, investment property, tax payments, violations and crimes; improve mechanisms for joint disciplinary action against the untrustworthy; establish and improve comprehensive public credit appraisal and disclosure systems, clearing channels for market entities in to obtain information and guiding market entities prevent transaction risks; reducing the occurrence of conflicts and disputes at their source.
(2) Improve Institutional Mechanisms for Market Withdrawals. Research sources for bankruptcy fees in bankruptcy proceedings, an explore the establishment of mechanisms for collection through multiple channels. Clear channels for enforcement cases to enter bankruptcy and reorganization, settlement, or liquidation procedures, giving full play to the functions of the enterprise bankruptcy system, and promoting the orderly exit of 'zombie enterprises' from the market.
(3) Improve the judicial aid system. Actively expand channels for relief funds, simplify procedures for judicial aid, strengthen links and cooperation between judicial aid and social aid, to truly do a good job of efforts to assist populations in need during the enforcement process.
(4) Improve the liability insurance system. Expand the scope of liability insurance coverage, encourage relevant units to buy insurance coverage for food safety liability, environmental liability, employee liability, and so forth; giving full play to the role of insurance in distributing risks and spreading losses, fully safeguarding the lawful rights and interests of victims.
(5) Improve relevant legal systems. Perfect and improve the civil legal system, and accelerate the formulation of a Civil Compulsory Enforcement Law, to provide strong legal safeguards for civil enforcement. Lawfully clarify the requirements for taking positions as legal representatives and senior management, and their responsibility for oversight of corporate assets, restrict arbitrary changes in legal representatives and senior management. Lawfully strengthen management of corporate account books, establish and complete and complete systems for leaving traces of corporate transactions, prevent withdrawal of corporate funds at will. Complete and improve laws and regulations related to compulsory administrative enforcement and enforcement of criminal punishments against property.
V. Comprehensively Strengthen Organizational and Work Safeguards
(1) Strengthen organizational leadership. Party committee at all levels should make overall plans for all types of resources, carry out comprehensive governance, and promote the establishment of an overall framework for comprehensive efforts to fix the challenges of enforcement that is led by the Party committees, coordinated by the political-legal committees, overseen by the people's congresses, supported by the governments, primarily handled by the courts, with linked action by the departments, and societal participation;
(2) Complete mechanisms for coordination and linkage between enforcement work departments. The Party committees are to lead the way in the completion of departmental coordination and linkage mechanisms in which people's courts bear entity responsibility, and departments such as for public security, civil affairs, human resources and social security, natural resources, housing and urban rural development, transport, agricultural and rural affairs, market supervision, and financial regulation, work together in accordance with their duties to for a coordinated and concerted effort. The procuratorates should increase legal oversight of civil and administrative enforcement, including non-litigation activities, promoting lawful and regulated enforcement. Disciplinary inspection organs are to strengthen pursuit of responsibility for party and government organ's, and leading cadres, interfering in enforcement efforts. The force of punishment is to be increased by the industry associations and competent judicial administrative departments for lawyers, notaries, arbiters, or other legal service personnel that help in conducting false litigation, notarization, or arbitration so as to transfer assets and avoid enforcement. All regions and relevant departments should further strengthen the establishment of enforcement bodies, strengthening guarantees for personnel, assets, and property. The Supreme People's Court's enforcement bureau is the body for routine implementation of mechanisms for the coordination and linkage of enforcement work departments, and is to take responsibility. For all designated tasks and measures, clarify the responsible departments, time table, and road-map; ensuring that they will be put in place by the end of 2019.
(3) Strengthen the establishment of enforcement teams. Promote the normalization, specialization, and professionalization of enforcement teams; strive to establish an enforcement team with resolute faith, that enforces for the people, that dares to step up, that and is upright and clean; to provide forceful organizational assurances for the resolution of the challenges in enforcement. Each region and each department is to actively bring in professional forces to participate in enforcement, establish and complete working mechanisms for the deep participation of arbitration, notary, lawyers, accounting, auditors and other professional bodies and personnel, forming a joint social force for the resolution of challenges in enforcement.
(4) Strengthen opinion and publicity work. Comprehensively use traditional and new media to strengthen positive publicity, fully presenting efforts to strengthen enforcement work and the determination and accomplishments in resolving difficulties in enforcement. Publicize and report model cases in systematic way, manifesting the authority of the law, forming a thick atmosphere of understanding, support, and participation of the entire society. Improve implementation of work mechanisms for the three synchronizations, strengthening guidance of public opinion, doing a good job of work such as explaining legal policies and eliminating questions and doubts, giving prompt responses and effective guidance.