Guidance of the Supreme People's Court on several issues concerning the proper a
On May 15th, the Supreme People's Court held a press conference and issued the "Guiding Opinions of the Supreme People's Court on Several Issues Concerning the Proper Handling of Enforcement Cases Involving the New Coronary Pneumonia Epidemic" (hereinafter referred to as the "Opinions"). Liu Guixiang, a full-time member of the Judicial Committee of the Supreme People's Court, and Meng Xiang, a member of the Judicial Committee of the Supreme People's Court and Director of the Executive Bureau, attended the press conference and introduced the relevant situation. Li Guangyu, spokesperson of the Supreme People's Court presided over the press conference.
Liu Guixiang said that at present, under the strong leadership of the Party Central Committee with Comrade Xi Jinping at the core, major strategic results have been achieved in the national epidemic prevention and control war. How to speed up the restoration of production and living order in the normalized epidemic prevention and control, do a solid job of "six stability", and implement the "six guarantees" task is a major task related to the overall situation of economic development and social stability. In order to implement the decision and deployment of the Party Central Committee, the Supreme People's Court has researched and promulgated this "Opinions" on the basis of full investigation in the early stage.
There are ten articles in the "Opinions", based on the overall planning and promotion of epidemic prevention and control and economic and social development work, with a solid implementation of the "six stability" work and implementation of the "six guarantees" task as the starting point, and effectively play the role of the people's courts in performing their functions. Responding to the adverse effects of the epidemic, providing precise judicial services and guarantees for the comprehensive restoration of economic and social order.
Strengthen the concept of good faith and civilized execution and ensure the maximization of the interests of all parties.
Liu Guixiang said that the "Opinions" make full use of the work results of "basically solving difficulties in implementation", highlight the strengthening of the concept of good faith and civilized execution, and make targeted proposals based on adherence to lawful execution "Practical measures" and "hard measures" help small, medium and micro enterprises and difficult subjects to relieve their difficulties and overcome difficulties, and provide strong support and guarantee for improving the survival and development capabilities of medium, small and micro enterprises and difficult subjects.
The "Opinions" require that the legal boundaries of seizure measures must be accurately grasped. Resolutely prohibit excessive seizures and random seizures, and effectively prevent illegal or excessive enforcement from affecting the utility of enterprise property and normal operations of the enterprise. It is necessary to focus on resolving conflicts and disputes through reconciliation, and give full play to the protective functions of the intensive implementation of reconciliation, bankruptcy reconciliation, and bankruptcy reorganization systems to help the enforced enterprises get out of difficulties in a timely manner and restore production capacity.
The "Opinions" emphasized that the focus of credit punishment should be focused on cracking down on a small number of illegal and untrustworthy behaviors such as evading execution and resisting execution, and creating a market and judicial environment of "contract-honoring, trustworthy" and "honest and trustworthy". For key epidemic prevention and control enterprises and small, medium and micro enterprises that are temporarily affected by the epidemic, disciplinary measures shall be taken prudently in accordance with the law, a grace period shall be granted, credit restoration measures shall be taken in a timely manner to ensure the production and supply of epidemic prevention materials, and help enterprises resume work and production.
Actively play the huge role of executive command, coordinated management and informatization application in special periods. The
"Opinions" point out that it is necessary to make full use of informatization methods to promote execution. Make full use of the achievements in the construction of smart courts, especially in the implementation of informatization construction, to further strengthen the supervision and management of the subordinates, and strictly prevent passive execution, delay in execution and arbitrary execution during the epidemic. At the same time, vigorously carry out online enforcement measures such as online investigation and control, online inquiry, online judicial auction, and actively provide parties with convenient services such as online case filing, online conversation, online reconciliation, and effectively meet the judicial needs of the people during the epidemic.
The "Opinions" specifically pointed out that the online judicial auction must be promoted in a steady and orderly manner. Taking advantage of the low cost, high efficiency, and low impact of the epidemic on online judicial auctions, speed up the property price change process and put real money into the pockets of successful parties as soon as possible. At the same time, it is necessary to take into account the actual situation of the property, grasp the auction opportunity, and appropriately choose flexible price changes such as self-sale and financing to prevent the seized property from being disposed of at a low price during the epidemic.
Implement the policy documents during the epidemic period in accordance with the law and reasonably reduce or exempt the double penalty interest on the person
subject to enforcement. The "Opinions" stipulate that the people's court must effectively implement a series of favorable enterprise policies issued by the state during the implementation, such as rent reduction and exemption policies, and anti-epidemic material guarantee policies. , To effectively reduce the burden of small, medium and micro enterprises and individual industrial and commercial households, and effectively serve the overall situation of epidemic prevention and control.
The "Opinions" also provide for reasonable reduction or exemption of the double penalty interest on the person subject to execution. For those who are unable to perform their obligations in a timely manner due to the impact of the epidemic, reasonably reduce the penalty interest that is punitive during the immunization period, and balance and protect the interests of both parties in accordance with the principle of fairness, effectively reduce the debt burden of the enforcee, and improve its sustainability Operation and solvency.
Reprinted source: People's Court News
