The reward announcement successfully obtained clues in just 27 hours, and "execution+insurance" cross -border cooperation to help crack the execution problem

Author:Beijing France Time:2022.08.17

During the proceedings and execution process, have you encountered the following problems: but not the corresponding funding guarantee for application preservation? When enforcement, want to find a reward to find a reward but be unable to bear the bounty? I started the evaluation process, but hesitated before the high evaluation fee? Outsiders mentioned that the objection to the execution of the objection affected the rights and interests of the victory in time? "It is difficult to find things to find things", "difficult to evaluate", "difficult to deal with", "difficulty in monetization" often plagued the parties and executive judges.

In order to effectively promote the practical activity of "I do a practical work for the masses", the Beijing Third Intermediate People's Court innovatively launched the "execution+insurance" working mechanism, combining insurance products with the court's implementation practice, using insurance resources Combat force. On August 17, 2022, the hospital held a news notice to introduce the relevant situation and publish typical cases.

It is understood that the "execution + insurance" working mechanism of Beijing Sanzhong Hospital includes four contents including property preservation liability insurance mechanism, implementation of reward insurance mechanisms, judicial evaluation cost insurance mechanisms, and continuing implementation insurance mechanisms. Among them, the property preservation insurance mechanism mainly relieves the huge pressure on the applicant's huge amount of funds under the traditional guarantee method of application preservation; the implementation of the reward insurance mechanism is focusing on the resolution of the execution reward.悬赏的困境;司法评估费用保险机制意在解决申请执行人垫付高额评估费的难题,为当事人减轻维权成本;继续执行保险机制主要针对部分案外人提起执行异议或异议之诉,拖延执行程序、 Attempt to escape responsibility.

According to Cai Yingwei, deputy director of the Executive Bureau of the Third Intermediate People's Court of Beijing, the hospital's existing implementation insurance mechanism covers property preservation, property investigation, evaluation disposal, and implementation procedures to promote the implementation difficulties.

1

Property preservation liability insurance

Reduce the burden of the applicant's guarantee

In a civil lending dispute litigation insurance case of a certain holding group Co., Ltd. and the respondent Henan Real Estate Co., Ltd., the applicant requested the property amount of more than 190 million yuan in the property amount under the name of the respondent. Provide guarantee. In a variety of guarantee methods, the applicant chose to insure liability insurance for insurance liability insurance. After paying only 110,000 yuan premiums, the insurance company issued a guarantee letter. The judge issued a civil ruling for preservation after review.

Since May 2016, the Beijing Third Intermediate People's Court introduced the property preservation liability insurance mechanism in the property preservation case; in September 2018, the Beijing High Court issued the "Operation Specifications for Property Conservation Responsibility Insurance Guarantee Mechanism (Trial)" to further promote this The standardized and standardized operation of the item mechanism. The mechanism effectively reduces the guarantee burden of the parties. The people's courts take effective preservation measures in a timely manner, laying a solid foundation for the rights and interests of the parties to the victorious parties, and at the same time meet the demand for the relief of the applicant's rights.

2

The city's first execution reward insurance

Applicable to broaden property discovery channels

The applied executive Wang spent 1,000 yuan to buy an enforcement insurance company from the insurance company, and the Beijing Third Intermediate People's Court issued a reward announcement to find two cars under the name of the person. Clues reported that the judge immediately took action and successfully seized the vehicle. The insurance company issued a reward of RMB 10,000 to the reporter. Subsequently, the judge had repeatedly talked and coordinated and patiently talked, and the two parties finally reached an implementation of the reconciliation agreement and fully fulfilled it. Wang praised: "I did not expect that the small insurance played the big role of investigating people!"

In April 2018, the Beijing Third Intermediate People's Court established a reward insurance mechanism. The mechanism is effectively connected with the implementation of the reward system, and makes full use of the insurance leveraged effect to magnify the amount of reward. The application for the executor only needs to pay a small amount of premiums to obtain a large reward bounty paid by the insurance company. , And can attract more social forces to participate in investigating people and find things.

3

The country's first judicial evaluation fee policy

Help property evaluation disposal

In the enforcement case of a Materials Co., Ltd. and an import and export Co., Ltd., the two parties unanimously requested to adopt the commissioned evaluation method. After a preliminary evaluation of the value of the property involved about 12 million yuan, the application for the executor must pay more than 40,000 yuan in the assessment fee. The high evaluation fee has become a "blockbuster". Application for the insured evaluation cost of the executor and paying more than 1,000 yuan in premiums. The insurance company issued the policy. After receiving the evaluation agency, the evaluation agency conducted an evaluation work and issued an evaluation report. In the end, the real estate was sold at a price of more than 9.7 million yuan, and the property of the person was successfully realized, and the right to apply for the executioner was also realized.

It is understood that in August 2021, the Beijing Third Intermediate Court took the lead in innovating the judicial evaluation cost insurance mechanism in the national court and issuing the first insurance policy. For the application of the mechanism, for the application executive, only a small amount of premiums need to be paid to promote the property assessment. Compared with the large amount of evaluation fees that should be pre -paid, it can effectively reduce cash occupation, reduce the pressure of the application executive, and make it make it. Eliminate concerns more confidence to promote property disposal.

4

Continue to execute insurance

Promoting the successful conclusion of the big standard case

In the case of compulsory enforcement of an enterprise management company of an enterprise and a notarized debt of a investment company, the court disposed of multiple homes and commercial real estate under the name of the executed person in accordance with the law, evaluating about 700 million yuan. After entering the auction procedure, the outsiders of the case raised their objection to the subject involved and suspended the auction according to law. The applicant's application for insurance continues to execute insurance, and the insurance company issues guarantee to the court as a continued guarantee. Based on this, the court continued to auction procedures in accordance with the law, and eventually the target successfully passed the auction and sold after sale. "Cross -border cooperation with+insurance allows our victory rights and interests to be fulfilled in time!" The applicant praised the new insurance mechanism of the Beijing Third Intermediate People's Court. In the judicial practice, after the case entered the enforcement stage, some of the executors enforced the procedures for procrastination, blocking the procedures, and encouraging outsiders to perform objections, resulting in the enforcement procedure cannot continue to advance. In June 2022, the Beijing Third Intermediate People's Court established an insurance mechanism. Continue to execute insurance as a new type of guarantee, which has the advantages of lower cost and higher efficiency. For the application executive, the premiums with a relatively low amount of the amount can be interrupted, which can effectively reduce the time and economic cost of the applicant's victory and interests to prevent the risk of the decline of rights and interests.

Cracking difficulty in implementation requires wider social participation. As a representative of "social participation", the insurance company has jointly solved the problem by providing insurance products to participate in the difficulty of cracking implementation. Since 2020, 5,756 compulsory enforcement cases have been efficiently executed by the Third Intermediate People's Court of Beijing; the amount of the target is 512.7 billion yuan, accounting for 28.41%of the total amount of the city; and the amount of more than 73.3 billion yuan is in place; 1970 cases of efficient conclusions of property preservation cases, with efficient conclusions of property preservation cases, and 1,970 cases of property preservation cases. The above indicators are at the forefront of the city's same courts. According to Zhong Xin, the president of the three courts, since the implementation of the mechanism, it has effectively alleviated the economic burden of the application executive to raise huge amounts of funds, effectively speed up the party's victory rights, effectively promote the implementation process, and improve the quality and efficiency in order to implement the work.

Let the "white paper and black words" on the effective legal documents turn into the "real gold and silver" that people in their pockets are the best portrayal of justice for the people. Xin Shangmin, a member of the party group and deputy dean of the Beijing Third Intermediate People's Court, said that while the hospital has always done a good job of implementing the implementation work, he has insisted on deeply in the field of implementation mechanism. , Actively explore the new model and new measures of implementation, effectively respond to the new expectations and requirements of the masses for implementation work, and strive to make the people feel fair and just in every judicial case. Speed ​​and temperature!

Supply: Beijing Third Middle School

Text: Yang Yan

Edit: Zhao Meilan Yao Rihui

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