“Civil Compulsory Enforcement Law of the People’s Republic of China (draft)” was submitted to the 35th session of the 13th NPC Standing Committee for 1st round deliberation on June 21. It is understood that the draft is divided into four parts and 17 chapters, with a total of 207 articles, the parts being the general provisions, implementation of final enforcement of monetary claim, implementation of final enforcement of non-monetary claim, preservation execution and the supplementary provisions. Based on the part of procedure of enforcement in the Civil Procedure Law, the enforcement organ and officer, basis and parties of enforcement, procedure of enforcement, enforcement relief and supervision in the civil compulsory enforcement are stipulated in the draft, and the systems such as enforcement of monetary claims and non-monetary claims, and as well as preservation execution are stipulated.

 

Efficiently fulfill the rights and interests of the winning parties in accordance with the law

 

A sound civil enforcement system helps to protect property rights, maintain transaction order and optimize business environment. Since 2019, the people's courts have handled an average of 10.16 million enforcement cases, with an average annual enforced amount of 1.85 trillion yuan.

 

How to continue to improve the level of efficient enforcement in accordance with the law and realize the legitimate rights and interests of winning parties in a timely manner? The reporter noted that the draft has a lot to do with “enforcement efficiency”.

 

In Chapter III “basis of enforcement”in the draft, the concept of limitation for applying enforcement is incorporated into the concept of extinctive prescription, in which the limitation for applying enforcement is uniformly applicable to the provisions in the civil code on extinctive prescription is stipulated, and the case where limitation is less than three years is specially stipulated. In view of the inconvenience of enforcement service and the procrastination of service procedures caused by the large number of enforcement service and the difficulty in finding the enforced person and the like in practice, in Chapter V “procedure of enforcement” in the draft, the system of the service address confirmation is stipulated, which shortens the service period of the enforcement announcement.

 

In terms of enforcement inquiry, the property reporting system and the writ of lawyer inquiry system is also written into the draft.

 

In terms of suspension and termination of enforcement, the circumstances and effects of suspension, postponement and termination of enforcement are mainly stipulated in the draft. In order to strengthen the handling and management of cases of impossibility of enforcement and promote the coordinate cooperation between enforcement and bankruptcy procedures, the system of terminating the enforcement procedure and the system of enforcement to bankruptcy are also stipulated in the draft.

 

Cage with enforcement power in the system

 

In recent years, the people's courts have vigorously strengthened the construction of standardization of enforcement, continued to crack down on illegal acts of the abuse of enforcement power and infringement upon the rights and interests of the people, and achieved remarkable results.

 

In terms of practicing the concept of goodwill and civilized enforcement, it is fully embodied in the draft that the protection of the lawful rights and interests of all parties and interested parties.

 

In order to further solve the problems of losing enforcement power, such as passive enforcement and arbitrary enforcement, the system in which parties and interested parties can apply for an enforcement action that should be carried out but failed to be carried out by a people's court and the system of self-correcting are specified in the draft.

 

Enforcement measures and punishment measures are also specified in the draft. The category of enforcement measures, restrictions on consumption, restrictions on travel aboard and summons by warrant are stipulated in the draft; the applicable conditions, implementation and limitation of fine and detention measures are stipulated; the applicable conditions, implementation, credit repair of the measures for being included in the list of dishonest enforced persons are stipulated.

 

In terms of the relief and supervision of enforcement, objection and reconsideration for an enforcement action, objection and appeal for objection from a person who is not involved in the case and recovery of enforcement are mainly stipulated in the draft, and in order to fully protect the right of litigation of the enforced person and improve the law and system of enforcement, the system of appeal for objection from the enforced person is stipulated with reference to traditional theories and foreign legislation. Supervision, inspection and supervision and the like through higher court are also stipulated in the draft, further strengthening the restriction and supervision on enforcement power.

 

Action of refusal enforcement may be fined on a daily basis

 

Some controversial issues in practice are also stipulated in the draft.

 

It is specified in the draft that in order to further strengthen the punishment for action of refusal enforcement and improve enforcement effect, a daily fine system is established, and if the enforced person refuses to deliver a specific subject matter, he or she may be fined on a daily basis, but the cumulative period shall not exceed 180 days; and a special detention system is established, and if the enforced person continues to refuse to perform irreplaceable acts, he or she may be detained again, but the cumulative period shall not exceed six months.

 

The scope of enforced property, enforcement of immovables, enforcement of movables, enforcement of other property rights such as creditor's rights, and enforcement, payment and distribution of common property are stipulated in the draft. For example, in terms of immovables seizure, the methods and effects for immovables seizure are stipulated in the draft, and in order to implement the concept of goodwill and civilized enforcement, it emphasizes that seizure of obviously out-of-limits amount is prohibited; and in terms of enforcement of common property, enforcement methods for common property by shares and jointed common property are stipulated in the draft, and in order to balance the protection of the lawful rights and interests of the person who has applied for enforcement and jointed co-owner, it is stipulated that the jointed common property shall be enforced later.

 

In addition, enforcement of delivery of minor children and enforcement of visitation right are also stipulated in the draft.