Source 丨 Legal House
Guide:
On January 2, 2020, the SPC issued the Opinions on Further Strengthening the Concept of Good Faith and Civilized Enforcement in Enforcement Work, which requires:
Seizures and arbitrary seizures that exceed the standard are strictly prohibited. Adopt effective measures to resolutely correct the phenomenon of seizures and arbitrary seizures that have occurred in practice that exceed standards, unblock channels for the masses to report problems, carry out "double investigation in one case" for relevant clues, and seriously deal with irregular behaviors in accordance with law.
Where a unit is a judgment defaulter, the people's court must not include its legally-designated representative, principal responsible person, directly responsible personnel influencing the performance of debts, actual controllers, and so forth, on the list of untrustworthiness. Where full-time students become judgment defaulters due to "campus loan" disputes, they must generally not be included in the untrustworthy list or restricted consumption measures.
It is necessary to strictly follow the spirit of the central authorities on the protection of property rights, strictly distinguish between the assets of enterprise legal persons and the personal property of shareholders, strictly prohibit the illegal seizure of the property of outsiders in the case, strictly prohibit the adoption of enforcement measures for property that cannot be seized, and earnestly protect the legitimate rights and interests of private enterprises and other enterprise legal persons, entrepreneurs, and various market entities.
Detailed text:
Fa Fa [2019] No. 35
Supreme People's Court
Opinions on further strengthening the concept of goodwill and civilized implementation in implementation work
(January 2, 2020)
In order to implement the spirit of documents such as the "Opinions of the CPC Central Committee and the State Council on Improving the Property Rights Protection System to Protect Property Rights in Accordance with the Law" and the "Opinions of the CPC Central Committee and the State Council on Creating a Better Development Environment to Support the Reform and Development of Private Enterprises", further enhance the people's courts' strict standardization of the level of fair and civilized enforcement, promote the sustained, healthy and high-level operation of enforcement work, and provide better judicial services and guarantees for economic and social development, the following opinions are put forward in accordance with the Civil Procedure Law and relevant judicial interpretations, combined with the actual situation of the people's courts' enforcement work.
First, fully understand the important significance and spiritual essence of the implementation of goodwill and civilization
1. Fully understand the importance of goodwill and civilized implementation. Enforcement is the last link in the last line of defense for fairness and justice. Strengthening the concept of good faith and civilized enforcement, while protecting the legitimate rights and interests of the winning parties in accordance with the law, minimizing the impact on the rights and interests of the judgment debtors, and realizing the organic unification of legal effects and social effects, is an inevitable requirement for maintaining social fairness and justice and promoting social harmony and stability, is the due meaning of improving the property rights protection system, establishing and improving the market-oriented legal international business environment, and promoting high-quality development, and is of great significance to comprehensively promoting the rule of law and promoting the modernization of the national governance system and governance capabilities.
2. Accurately grasp the essence of the spirit of goodwill and civilized implementation. Enforcement work is an important means to rely on the coercive power of the state to achieve successful adjudication. At present, the evasion and evasion of enforcement by persons subject to enforcement are still the main contradictions and prominent problems in enforcement work. Highlighting the compulsion of enforcement work, continuing to increase enforcement efforts, and timely ensuring that the successful parties realize their legitimate rights and interests remain the focus and main line of enforcement work. However, at the same time, it should be noted that enforcement work has a great impact on all parties, and in the process of enforcement, the people's courts should also strengthen the concept of good faith and civilized enforcement, strictly regulate and fairly protect the legitimate rights and interests of all parties; adhere to the principle of proportionality, find the balance of interests of both sides, and avoid excessive enforcement; it is necessary to improve the political position, focus on the overall development strategy of the party and the state, enhance the ability and level of grasping judicial policies, and realize the unity of performing duties according to law with serving the overall situation and promoting development. It is necessary to adopt effective measures to resolutely correct the phenomenon of seizure and indiscriminate seizure that has occurred in practice, unblock the channels for the masses of the people to report problems, carry out "double investigation in one case" for relevant clues, and seriously deal with irregular behavior according to law.
In the process of strengthening the concept of good faith and civilized enforcement, the people's courts should fully protect the legitimate rights and interests of creditors, safeguard the authority of enforcement and judicial credibility, and focus their coercive power on lawfully cracking down on and punishing acts of circumventing enforcement, evading enforcement, or resisting enforcement. It is necessary to resolutely prevent enforcement personnel from passively enforcing or delaying enforcement under the pretext of "good faith and civilized enforcement", or from unprincipledly facilitating reconciliation between the two parties under the pretext of reducing the impact on the person subject to enforcement, harming the legitimate rights and interests of creditors.
2. Seizure and arbitrary seizure in excess of the standard are strictly prohibited
3. Reasonable choice of enforcement property. Where the person subject to enforcement has multiple assets available for enforcement, the people's court shall select a property that has less impact on the judgment debtor's production and life and is convenient for enforcement. Under the premise of not affecting the efficiency and effectiveness of enforcement, where the person subject to enforcement requests the people's court to first enforce a certain property, it shall be allowed; if it is not permitted, there shall be a reasonable and justifiable reason.
In the course of enforcement, the people's court shall reserve the necessary living expenses for the person subject to enforcement and his or her dependent family. It is necessary to strictly follow the spirit of the central authorities on the protection of property rights, strictly distinguish between the assets of enterprise legal persons and the personal property of shareholders, strictly prohibit the illegal seizure of the property of outsiders in the case, strictly prohibit the adoption of enforcement measures for property that cannot be seized, and earnestly protect the legitimate rights and interests of private enterprises and other enterprise legal persons, entrepreneurs, and various market entities. It should be noted that the trust property is independent of the inherent property of the settlor and the trustee during the existence of the trust, and the rights enjoyed by the beneficiaries to the trust property are expressed as the beneficiary rights of the trust, and the trust property is not the responsible property of the beneficiary. Therefore, if a party applies for preservation or enforcement measures against the trust funds in the special account of the depository bank or trust company because of a dispute between the party and the settlor, trustee or beneficiary, the people's court shall not approve it except in the circumstances provided for in Article 17 of the Trust Law of the People's Republic of China.
4. Seizure in excess of the standard is strictly prohibited. Enforce the property of the person subject to enforcement, to the extent that its value is sufficient to pay off the amount of the claim determined by the effective legal document, and resolutely put an end to seizures that clearly exceed the standard. Where deposits in the bank accounts of persons subject to enforcement are frozen, the specific amount of the freeze shall be clarified, and must not affect the circulation of funds other than those frozen and the use of accounts. Where the overall value of the immovable property that needs to be seized clearly exceeds the amount of the creditor's rights, measures shall be taken to seal the corresponding value of the immovable property; where the relevant departments submit that the immovable property cannot be divided and sealed on the grounds that the immovable property is registered under the same certificate of rights, the people's court shall, after the overall seizure of the immovable property, promptly coordinate with the relevant departments to handle the division registration and lift the seizure of the part exceeding the standard. Where relevant departments refuse to assist in the registration and sealing of divisions without legitimate reasons, corresponding punitive measures are to be taken in accordance with article 114 of the Civil Procedure Law.
5. Flexibly adopt seizure measures. For property that can be "sealed alive", try not to carry out "dead sealing", so that the seized property can make the best use of its goods and avoid the waste of social resources. Where the means of production such as the plant, machinery and equipment of the executed enterprise are seized, and the person subject to enforcement continues to use it without a significant impact on the value of the property, it may be allowed to use it. For real estate development enterprises that have difficulties in capital turnover and are temporarily unable to repay their debts, the people's courts shall handle them separately in accordance with the following circumstances:
(1) After the project under construction is sealed, in principle, the person subject to enforcement shall be allowed to continue construction.
(2) Where, after the seizure of the project under construction, the compulsory conversion measures taken against it can realize the enforcement of the creditor's claim, but it will obviously depreciate the property value and be obviously unfair to the person subject to enforcement, the parties shall actively promote the parties to reach a settlement agreement with a suspension of enforcement, and then change the price after the completion of the project; if it is impossible to reach a settlement agreement, but the judgment debtor provides corresponding guarantees and undertakes to complete the construction within a reasonable period of time, the compulsory conversion measures may be suspended.
(3) After seizing the commercial house under construction or the existing house, under the premise of ensuring that the corresponding price can be controlled, the person subject to enforcement may be supervised to sell the house at a reasonable price within a certain period of time. When determining the time limit, the people's court shall clarify the specific time node, avoiding that the excessively long period will affect the efficiency of enforcement and harm the lawful rights and interests of enforcement creditors.
6. Give full play to the financing function of seized property. Where, after a people's court has seized property, the person subject to preservation or person subject to enforcement applies to use the seized property for financing, it shall be handled separately in accordance with the following circumstances:
(1) Where, after the preservation of the seized property, the conservator applies to replace the seized property with the financing of the seized property, and on the premise of ensuring that the corresponding financing payment can be controlled, the conservator may be supervised to carry out the financing at a reasonable price.
(2) In the course of enforcement, if the person subject to enforcement applies to use the seized property to finance the repayment of debts, and with the consent of the enforcement creditor or the financing funds are sufficient to pay off all the enforcement debts, it may be allowed.
Where the conservator or the person subject to enforcement uses the seized property for financing, and the lender requests to register the property mortgage or pledge before lending, the people's court shall actively coordinate with the relevant departments to do a good job in matters such as property unsealing, mortgage or pledge registration, and strictly control the financing funds.
7. Strictly regulate the freezing of shares of listed companies. In order to maintain the stability of the capital market and protect the legitimate rights and interests of creditors and the investment rights and interests of debtors in accordance with the law, the people's courts shall strictly implement the following provisions when freezing the debtor's shares in listed companies:
(1) Freezing in excess of the standard is strictly prohibited. The freezing of the shares of a listed company shall be limited to the extent that its value is sufficient to satisfy the amount of the creditor's rights determined by the effective legal documents. The value of the stock shall be based on the closing price of the previous trading day of the freeze, combined with the stock market conditions, and shall generally be reasonably determined within a range of not more than 20%. Where the value of the shares changes significantly after the freezing, upon the application of the parties, the people's court may additionally freeze or lift the partial freeze.
(2) Freezing of saleability. Where, after the preservation freezes the shares of a listed company, the conservator applies to change the freezing measures to a saleable freeze, it shall be allowed, but the conservator's capital account in the securities company shall be frozen in advance within a clear and specific amount. In the course of enforcement, if the person subject to enforcement applies to sell his shares to pay off his debts through secondary market transactions, the people's court may handle it in accordance with the above provisions, but shall require him to complete the sale within 10 trading days. Under special circumstances, it may be appropriately extended.
(3) Freezing of pledged shares. At present, when the people's court takes freezing measures, it is often difficult to accurately calculate the amount of the pledge claim that needs to be included in the stock, especially when there are multiple pledges of the shares, and it is necessary to specify which pledge stock to freeze, in order to protect the legitimate rights and interests of ordinary creditors, the people's court will generally freeze all the pledged shares, which risk of freezing exceeding the standard. It will also have an impact on the pledge creditor's own realization of its claims, which is inconsistent with the principles of enforcement of the economy.
After communicating and coordinating with the China Securities Regulatory Commission, the Supreme People's Court was transformed by China Securities Depository and Clearing Co., Ltd. (hereinafter referred to as China Securities Depository and Clearing Corporation), established a new freezing method for pledged shares, and formally implemented it after the completion of the system transformation. The specific content is as follows:
First, if there is a pledge of the shares of the listed company held by the debtor and the pledgee is not the applicant or applicant for enforcement in this case, when the people's court freezes the pledged shares, it shall freeze the corresponding number of shares in accordance with the calculation method specified in 7 (1), and there is no need to count the amount of the pledged claims. When freezing pledged shares, the people's court shall freeze the debtor's capital account in the securities company in advance, and clarify the specific amount of freezing, and shall not freeze the fund account as a whole.
Second, after the stock is frozen, it will not affect the pledgee's conversion of the stock to realize its claim. If the pledgee releases any part of the stock pledge, the freezing effect shall automatically take effect on the unpledged part of the shares within the range of the number of frozen shares. If there is a surplus of the conversion price of the pledgee's shares after the realization of its claim, the freezing effect shall automatically take effect on the remaining value within the scope of the claim amount in this case.
Third, in the enforcement procedure, in order to realize the claim in this case, the people's court may take compulsory conversion measures for the corresponding number of shares within the scope of the pledged claim and the amount of the claim in this case, and pay off the debt in this case after the pledge claim is realized on a priority basis.
Fourth, where two or more state organs freeze the same pledged shares, the freezing order shall be determined in accordance with the order in which the stock freezing procedures are carried out in the securities company or the China Settlement Corporation, and the freezing needs of each state organ shall be met in turn. Where two or more state organs freeze the same pledged shares at the securities company or The China Settlement Corporation on the same trading day, the first to go through the formalities for freezing the shares in the securities company is to freeze the shares first.
Fifth, where a dispute arises between the people's court and other state organs over the freezing of pledged shares, the Supreme People's Court shall take the initiative to coordinate with the Supreme People's Procuratorate, the Ministry of Public Security and other departments to resolve it in accordance with law. During the dispute resolution period, the securities company or China Settlement Company controls the relevant shares in dispute and does not assist either party in its enforcement. The dispute shall be resolved in a coordinated manner and handled by the securities company or China Settlement Corporation in accordance with the final conclusions of the dispute authority consultation.
Sixth, the above provisions shall not apply to freezes that have been completed before the completion of the system transformation. Where the applicant for case preservation or the applicant for enforcement is the pledgee, the above provisions shall not apply to the freezing measures.
III. Appropriately employ measures for property conversion in accordance with law
8. Reasonably determine the reference price for the disposal of property. In the course of enforcement, the people's court shall reasonably determine the reference price for property disposal in accordance with the Provisions of the Supreme People's Court on Several Issues Concerning the Determination of the Reference Price for Property Disposal by the People's Court. Without harming the legitimate rights and interests of third parties, it is necessary to actively promote the two parties to reach an agreement on the reference price, so as to further improve the efficiency of determining the reference price and avoid subsequent disputes. Where property has a taxable benchmark price, government pricing or government guidance price, and the parties cannot or may not negotiate the price, or both parties unanimously request a targeted inquiry, the people's court shall actively coordinate with the relevant institutions to handle the inquiry. Where the results of the targeted inquiry seriously deviate from the market price, appropriate corrections may be made. Practice has proved that the network inquiry is not only efficient, but also the vast majority of inquiry results can basically reflect the real market price, for the property does not need to be inspected or appraised by professionals on site, the people's court should actively guide the parties to determine the reference price through the network inquiry, and review the inquiry report.
Where, after entrusting an appraisal to determine the reference price, and the person subject to enforcement finds that the appraisal price seriously deviates from the market price and raises an objection, in order to improve work efficiency, the people's court may first use the appraisal price as a benchmark to first promote the two parties to reach an agreement on the reference price. Where it is not possible to reach a consensus quickly, submit it to the assessment body for a written explanation in accordance with law. Where the assessment body fails to make an explanation within the time limit or the person subject to enforcement still has objections, it shall be promptly submitted to the relevant industry association to organize a professional and technical review. In the process of determining the reference price for the disposal of property, the people's court shall perform its supervisory duties in accordance with law, and where it is discovered that the parties, bidders, and relevant institutions and personnel maliciously collude to lower the reference price, they shall promptly investigate and correct it.
9. Appropriately increase the applicable circumstances of the property sale procedure. On the basis of adhering to the principle of priority in online judicial auctions, it is necessary to comprehensively consider factors such as the actual situation of the property being valued, whether it harms the enforcement creditor, a third party, or the societal public interest, and appropriately employ measures such as direct sale or compulsory sale.
(1) Where the person subject to enforcement applies to sell the seized property on his own initiative to pay off his debts, he may supervise the sale at a reasonable price within a certain period of time, provided that he can control the corresponding price. The period for sale shall be determined by the people's court on the basis of factors such as the actual situation of the property and market conditions, but the maximum period shall not exceed 60 days.
(2) Where the person subject to enforcement applies for the direct sale of the seized property without auction, and the proceeds of the sale are sufficient to pay off all the debts of enforcement with the consent of the enforcement creditor, the people's court may directly sell it without auction.
(3) Where the person subject to enforcement believes that the online inquiry or appraisal price is too low, and applies to sell and seal the property at a price not lower than the online inquiry or appraisal price to pay off the debt, the people's court, upon review, finds that there is no malicious collusion between the person subject to enforcement and others in disposing of the property at a low price, it may supervise its sale within a certain period of time.
(4) Where the property is auctioned after auction and the enforcement creditor does not accept the debt, and the third party applies to purchase it at the auction price, it may be allowed.
(5) Where after the second auction of the online judicial auction, the person subject to enforcement proposes to raise funds at the auction price, the people's court shall consider it as appropriate in light of factors such as the basic situation of the auctioned property, the degree of difference between the auction price and the market price, and the financing period. Where financing is permitted, the procedure of repaying debts in kind or compulsory sale shall not be initiated for the time being.
Where the person subject to enforcement applies for self-sale in accordance with the provisions of 9 (3), and after the approval of the people's court, raises an objection to the people's court in accordance with Articles 22 and 23 of the Provisions of the Supreme People's Court on Several Issues Concerning the Determination of the Reference Price for the Disposal of Property by the People's Court, it shall not be accepted;
10. Fully attract more entities to participate in bidding. In the course of auction, the people's court shall fully and truthfully disclose the current situation of the auctioned property, the use of possession, accompanying obligations, known defects and burdens of rights, bidding qualifications, and other such matters, and it is strictly forbidden to deliberately conceal the defects of the lot to induce bidders to bid, and it is strictly forbidden to deliberately exaggerate the defects of the lot to mislead bidders into bidding. Where the auctioned property is immovable property and the person subject to enforcement or others has no right to occupy it, the people's court shall be responsible for vacating it in accordance with law, and must not include information such as "not responsible for vacating and delivering" in the public information. It is necessary to give full play to the professional advantages of online auction platforms and auction auxiliary institutions, do a good job in video promotion of lots, targeted push of auction information to professional market entities, on-site sample viewing and other related work, so as to attract more market entities to participate in the auction.
11. Maximize the true value of the property. Where the number of enforcement assets of the same type is relatively large, and the person subject to enforcement finds that the change in batches or the overall change in price can realize its value to the greatest extent, the people's court may allow it. In particular, where immovable property such as entire floor buildings, contiguous shops or villas with a large volume has been divided and registered or can be divided and registered afterwards, the person subject to enforcement believes that the conversion of the price in batches can achieve the maximum value of the real estate, and shall generally be allowed. When multiple assets are valued separately, and the amount of the conversion of some of the property is sufficient to pay off the debts, the conversion of the remaining property shall be stopped, except where the person subject to enforcement agrees to the full conversion.
12. Accurately grasp the method of conversion of the pledge of the right to real estate income. The effective legal document determines that the applicant for enforcement has a pledge right to the proceeds of the highway, bridge, tunnel and other real estate of the person subject to enforcement, and the applicant for enforcement deducts the funds in the charging account of the right to proceeds to realize its pledge claim, and other creditors raise objections to the people's court on the grounds that the applicant for enforcement only has a pledge right to charge and does not enjoy a pledge of funds in the charging account, it will not be supported. In the course of enforcement, the people's court may deduct the funds in the revenue right fee account to realize the pledge claim of the applicant for enforcement, and if the funds in the fee account are sufficient to pay off the debt, the judgment debtor's right to income shall not be forcibly converted.
Fourth, make full use of the implementation of the system of settlement and bankruptcy reorganization
13. Make good use of relevant systems such as settlement and bankruptcy reorganization in accordance with law. While adopting enforcement measures in accordance with the law, it is necessary to properly grasp the timing of implementation, pay attention to implementation strategies, and pay attention to enforcement methods. For enterprises that have temporarily broken the capital chain but still have development potential and the possibility of rescue and treatment, they can revitalize their assets through settlement and phased performance, mergers and acquisitions, and the introduction of third-party funds. It is necessary to increase the publicity of the concept of bankruptcy protection, and guide the enforcement creditors or judgment debtors to agree to transfer the case to bankruptcy procedures in accordance with law by strengthening interpretations and other means. Enterprises with operational value resolve debt crises through bankruptcy reorganization, bankruptcy settlement, give full play to the rescue function of the bankruptcy system, help enterprises get out of difficulties, balance the interests of creditors, debtors, investors, employees and other stakeholders, and realize the optimization of resource allocation and the overall value of society through the market.
V. Strictly standardize measures for inclusion in the list of the untrustworthy and restrictions on consumption
14. Conditions and procedures apply strictly. Measures to include in the list of the untrustworthy or restrict consumption must be carried out in strict accordance with the conditions and procedures provided for in the Civil Procedure Law, the Several Provisions of the Supreme People's Court on Publishing Information on the List of Judgment Defaulters (hereinafter referred to as the Provisions on the List of Untrustworthiness), and the Several Provisions of the Supreme People's Court on Restricting The High Consumption of Persons Subject to Enforcement and Related Consumption. For persons subject to enforcement who do not meet the legally prescribed requirements, punitive measures for inclusion in the list of the untrustworthy or restriction of consumption must not be employed. Where a person subject to enforcement who meets the legally-prescribed requirements decides to employ punitive measures, a written decision or a consumption restriction order shall be drafted, and issued by the president after review in accordance with law.
It should be pointed out in particular that, according to the provisions of the judicial interpretations, although the written decision to be included in the list of the untrustworthy takes effect as soon as it is issued by the president, it shall be served on the parties in accordance with the method of service provided for in the Civil Procedure Law, and the phenomenon of not conforming to legal procedures such as only issuing and not serving shall be resolutely eliminated.
15. Appropriately set a certain grace period. On the basis of the specific circumstances of the case, local courts may give a grace period of one to three months for persons subject to enforcement who decide to be included in the list of the untrustworthy or employ measures to restrict consumption. During the grace period, information on their untrustworthiness or restrictions on consumption is not to be released for the time being; where the time limit expires and the person subject to enforcement has still not performed the obligations set forth in the effective legal documents, release their information again and employ corresponding punitive measures.
16. Several types of situations where punitive measures are not taken. Although the person subject to enforcement has the ability to perform but refuses to perform the obligations set forth in the effective legal documents, or refuses to perform the settlement agreement without legitimate reasons, but the people's court has taken control of its property sufficient to pay off the debts or the person applying for enforcement to temporarily not take punitive measures, it must not take measures against the person subject to enforcement to be included in the list of untrustworthiness or restrict consumption. Where a unit is a judgment defaulter, the people's court must not include its legally-designated representative, principal responsible person, directly responsible personnel influencing the performance of debts, actual controllers, and so forth, on the list of untrustworthiness. Where full-time students become judgment defaulters due to "campus loan" disputes, they must generally not be included in the untrustworthy list or restricted consumption measures.
17. Several types of situations in which consumption restrictions are lifted. Where, after the people's court adopts measures to restrict consumption against the person subject to enforcement, and the person subject to enforcement and his relevant personnel apply for rescission or temporary lifting, it is to be handled separately in accordance with the following circumstances:
(1) After the entity's judgment debtor is restricted from consuming, its legal representative, principal responsible person, directly responsible person who affects the performance of debts, or actual controller proposes to engage in consumption with personal property on the grounds of private consumption, and upon review it is true, it shall be allowed.
(2) Where after the entity's judgment debtor has been restricted from spending, and its legal representative or principal responsible person truly changes due to the needs of operation and management, and the original legal representative or principal responsible person applies to lift the restriction on consumption measures imposed on himself, he shall produce evidence to prove that he is not the actual controller of the unit or the person directly responsible for the performance of the debt. Where upon review the people's court is true, it shall give permission, and lawfully employ measures to restrict consumption against the legally-designated representative or principal responsible person after the change.
(3) Individuals whose consumption is restricted urgently need to go to other places due to major illnesses of themselves or their close relatives, funerals of close relatives, as well as emergencies such as performing or cooperating with the performance of official duties, participating in foreign affairs activities or important examinations, apply to the people's court for temporary lifting of the restrictions on taking planes or high-speed trains, and upon strict review and approval by the president of this court, they may be given a temporary lifting period of up to one month.
When submitting an application to the people's court, the above-mentioned persons shall submit sufficient and effective evidence and make a written commitment as required; where false evidence is provided or the person engages in consumption in violation of the promise, the people's court shall promptly resume the consumption restriction measures adopted against them, and at the same time handle them heavily in accordance with article 111 of the Civil Procedure Law, and not approve their reapplication.
18. Clear channels for punitive measures and relief. Where natural persons, legal persons, or other organizations apply for corrections for inclusion in the untrustworthy list, the people's courts shall promptly review and make a disposition decision in accordance with the procedures and time limits provided for in article 12 of the provisions on the list of the untrustworthy. Where consumption restriction measures are employed to apply for correction, it is to be handled with reference to article 12 of the Provisions on the List of untrustworthiness.
Where people's courts discover that there may be errors in inclusion in the list of the untrustworthy or employment measures to restrict consumption, they shall promptly conduct self-examination and make corresponding dispositions; where a higher level court discovers that there is an error in the inclusion of a lower level court in the list of the untrustworthy or in the adoption of measures to restrict consumption, it shall order it to make corrections in a timely manner, and may also make corrections directly in accordance with law.
19. Promptly delete information on untrustworthiness. Where information on the list of untrustworthiness shall be deleted (blocked) in accordance with law, measures for deletion (blocking) shall be promptly employed. Where deletion (blocking) measures are taken for more than three working days, or where measures are taken immediately but are not taken immediately, causing serious consequences, the relevant personnel are to be investigated for responsibility in accordance with law.
Where persons subject to enforcement are entered into both the list of the untrustworthy with a fixed period of time and the list of the untrustworthy with no fixed period of time due to multiple untrustworthy circumstances, after they have voluntarily performed the obligations set forth in the effective legal documents, they shall generally delete (block) the list information with a fixed period of time and the list information with no fixed period at the same time.
20. Accurately understand the restrictions on the children of the judgment debtor attending high-fee schools. Restricting the children of persons subject to enforcement from attending high-fee schools refers to schools that restrict their children from attending schools that exceed the normal charging standards, although they are private schools, but if their fees do not exceed the normal standards, they do not fall within the scope of the restrictions. When people's courts adopt such measures, they shall conduct a strict review in accordance with law and must not affect the right of the children of judgment debtors to receive a normal education; when the news media misreport and misread the people's courts' adoption of this measure, they shall promptly respond and clarify them. Where a people's court, after review in accordance with law, decides to restrict the children of persons subject to enforcement from attending a high-fee school, it shall do a good job of communicating with the children and schools of the person subject to enforcement, and try to avoid adverse impacts on the children of the person subject to enforcement.
21. Explore the establishment of hierarchical and categorical mechanisms for punishment and mechanisms for incentives for trustworthiness. Courts in all areas may actively explore the adoption of measures to punish and restrict consumption for untrustworthiness based on the specific circumstances of the case, based on the specific circumstances of the case, so that measures for punishing untrustworthiness and restricting consumption are more precise and more in line with the principle of proportionality.
While lawfully carrying out punishments for untrustworthiness, all local courts may, combined with actual work conditions, explore carrying out incentive measures for trustworthiness, such as issuing proof of automatic performance of effective legal documents, pushing automatic performance information to credit reporting establishments, and lawfully reducing the amount of litigation preservation guarantees for creditworthy debtors, creating a good atmosphere of encouraging automatic performance and supporting honesty and trustworthiness.
VI. Increase the intensity of efforts to disburse case funds
22. Fully implement the "one case, one account" system. Where the case money is received and there is no dispute, the people's court shall promptly return it to the enforcement creditor within one month in accordance with the provisions; if part of the case money is disputed, the undisputed part shall first be issued in a timely manner. At present, the Supreme People's Court is comprehensively implementing the "one case, one account" system, and courts in all localities should strictly implement the deployment and use of the system in accordance with the prescribed time nodes and standard requirements, ensure that the receipt and dispatch of case funds is open and transparent, timely and efficient, and leave traces throughout the process, effectively plug loopholes in the management of case funds, eliminate hidden risks of integrity, and protect the legitimate rights and interests of all parties to the greatest extent.
Supreme People's Court
December 16