On 17 January, the Executive Board organized the first operational learning meeting of 2022. The special topic studied the content of the two documents recently issued by the Supreme People's Court, "Opinions on Further Improving the Enforcement Power Constraint Mechanism and Strengthening Enforcement Supervision" and "Guiding Opinions on Giving Full Play to the Role of Judicial Functions to Help the Development of Small and Medium-sized Enterprises". Xing Haili, member of the party group of the Municipal Intermediate People's Court and director of the Executive Bureau, presided over the meeting. Mid-level senior and deputy executives of the Executive Board attended.
The "Opinions on Further Improving the Enforcement Power Restraint Mechanism and Strengthening Enforcement Supervision" clearly points out that it is necessary to deepen the separation of adjudication power and enforcement power. Effectively give play to the restrictive role of trial, bankruptcy, and state compensation procedures on enforcement powers, and avoid infringing on the rights and interests of parties by holding trials on behalf of others, individually paying off violations of the law, and not starting state compensation procedures in a timely manner. Deepen the separation of the right to enforce rulings from the right to enforce rulings, and strengthen the supervision and restraint of the right to enforce rulings on the enforcement of enforcement powers. Complete operational mechanisms for enforcement powers that are intensive in affairs and in the diversion of complexity and simplicity, bring about a shift from one case-handling personnel to handle cases to segmented and intensive handling, strengthen supervision of passive enforcement and selective enforcement, and effectively resolve the persistent problem of rent-seeking power.
The "Guiding Opinions on Giving Full Play to the Role of Judicial Functions to Help the Development of Small and Medium-sized Enterprises" includes six contents: first, actively create a market environment for fair competition and honest operation for the development of small and medium-sized enterprises; second, effectively strengthen the judicial protection of the property rights of small and medium-sized enterprises; third, establish a "green channel" for handling cases of arrears of accounts owed to small and medium-sized and micro enterprises; fourth, protect small and medium-sized and micro enterprises with salvage value according to law; and fifth, comprehensively investigate the problems of excessive seizure and random seizure. The sixth is to minimize the adverse impact of implementation measures on market entities such as small and medium-sized enterprises.
Director Xing Haili pointed out: Since the Eighteenth National Congress of the Communist Party of China, under the strong leadership of the Party Central Committee with Comrade Xi Jinping as the core, the courts throughout the country have resolutely implemented the major decision-making and deployment of the Fourth Plenary Session of the Eighteenth Central Committee of the Party on "effectively solving the difficulty of enforcement", overcome difficulties, forge ahead, and achieve the phased goal of "basically solving the difficulty of enforcement" as scheduled, and the implementation work has achieved remarkable results. In order to further standardize enforcement behavior, strengthen supervision and restraint of enforcement power, continuously eliminate stubborn and chronic diseases in the field of enforcement, and earnestly safeguard the legitimate rights and interests of the people, the Supreme People's Court put forward the "Opinions on Further Improving the Enforcement Power Restraint Mechanism and Strengthening Enforcement Supervision" at an appropriate time. At the same time, she stressed that small and medium-sized enterprises are a new force in national economic and social development, and an important force for expanding employment, improving people's livelihood, and promoting entrepreneurship and innovation. The Supreme People's Court issued the Guiding Opinions on Giving Full Play to the Role of Judicial Functions to Help the Development of Small and Medium-sized Enterprises," which aims to further increase support for small and medium-sized enterprises, stimulate the vitality and development momentum of enterprises, and is of great significance for continuing to do a good job in the "six stability" and "six guarantees" work, stabilizing the macroeconomic market, accelerating the construction of a new development pattern, and promoting high-quality development.
They all expressed the need to continuously strengthen the study of professional ability in future work, continue to carry forward the spirit of reform and innovation, resolutely safeguard the authority of the party Central Committee and centralized and unified leadership, earnestly enhance the "four consciousnesses," strengthen the "four self-confidences," conscientiously implement various measures for judicial reform, do a solid job in implementing all work, and strive to let the masses of the people feel fairness and justice in every judicial case with the courage to dare to break through and dare to do things, the responsibility of self-innovation, and the action of judicial service for the people.
Contributed by : Executive Board
Edit: Gong Zeyu