What do you do if you do n’t pay back the money?my country ’s first legislation guarantees civil forced enforcement, and can be fined or specially detained on daily

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Red Star News reporter ｜ Chen Yifan Pan Junwen

Intern ｜ Li Longliang

Edit Pan Li

There is always a problem of "difficult implementation" in judicial practice. "Lao Lai" has eased the enforcement obligations. The effective legal documents have become so -called legal white strips.

In order to protect the parties in accordance with the law, the parties to the parties to realize their rights and interests in a timely manner and effectively resolve their implementation. Recently, the "Civil Compulsory Implementation Law (Draft)" (hereinafter referred to as "Draft") was first submitted to the Standing Committee of the National People's Congress for review, announced the terms of the Draft on June 24, and publicly solicited opinions from the society.

It is reported that this is the first time that my country has special legislation to ensure civil enforcement.

What is the real background of the "Draft"? What are the highlights of the content clause? Red Star journalists interviewed a number of people in the legal community and learned that because my country has not yet promulgated a separate enforcement law and the lack of systematic top -level design in the enforcement field, which leads to the difficulty of enforcement. The deterrent power has increased the punishment of "Lao Lai", which can promote the combination of multiple parties to crack the implementation difficulties.

The difficulty of execution is prominent

"Civil Compulsory Execution Law" is put on the legislative schedule

With the development of my country's economic and social development, the number of litigation has increased year by year, and the number of cases has also risen. According to the work report of the Supreme People's Court this year, the national court accepted 9.493 million cases in 2021, and 8.642 million was completed, with an implementation amount of 1.94 trillion yuan. According to the China Execution Information Public Network, as of June 26, the number of cases in the national court's enforcement in 2022 reached 6.438 million.

However, there are always problems such as "difficulty in implementation" in judicial practice. In some cases, the effective legal documents have not been implemented, and it becomes the so -called legal white strip, which makes the victorious parties reluctant, and the credibility of judicial judicialness has also been frequently damaged.

Gu Jiajie, an associate professor of the Supreme People's Court and Associate Professor of the School of Law of the Supreme People's Court and the School of Law School of Southwest University of Political Science and Law, told Red Star News that the difficulty of implementing difficulties includes two types of difficulty and difficulty in execution. The exhaustion of all execution measures still cannot find any property, and the execution that cannot be implemented in the end cannot be implemented. It is a prominent problem facing the court's execution work. For cases that cannot be executed, the court can only deal with temporary cases, that is, "ending this execution procedure" (hereinafter referred to as "ending").

According to statistics from the Supreme People's Court, from January 1 to November 15, 2021, the number of "final" cases accounted for 43.71%. In fact, for the parties to the victor, "ending" means that it has won the lawsuit but it is difficult to get relief.

Han Jinchao, a lawyer of Beijing Hengdu (Qingdao) Law Firm, also told Red Star News that the implementation of difficulties is mainly due to the lack of unified and clear implementation of laws in my country. Although the civil procedure law in my country has special provisions for enforcement procedures, it is difficult to provide clear and clear legal guidelines for judges and lawyers in the practice of judicial practice.

After 2013, the Supreme People's Court has issued judicial interpretations such as the "Several Provisions on the announcement of the information on the list of people's list of people" and "Several Provisions on Restricting the High Consumption and Consumption of Consumption", and established a system for the List of the Performance of the Credit Calculation. Promote the joint punishment of the dishonesty's executed person, and through credit punishment and restriction of high consumption measures, let the dishonest executor "have a broken trust and restricted everywhere."

It is worth noting that in 2018, the Supreme People's Court reported to the Standing Committee of the National People's Congress to resolve the difficulty of implementation. It has not been formulated that my country has not formulated a separate enforcement law. Lack of clear regulations. In terms of supporting systems, the rescue system related to the execution case is not perfect. In practice, the crime of refusal is less.

However, Gu Jiajie admits that the implementation of the reform has entered the deep water area, and the system construction of civil compulsory enforcement procedures has still moved forward under the institutional framework of the 1980s. Although the repairs of the civil procedure law and the judicial interpretation of the Supreme People's Court have been checked and checked, it is difficult to finish the number of provisions and the content system.

Therefore, the "Civil Compulsory Execution Law" was put on the legislative agenda.

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Lao Lai's illegal cost is low?

The "Draft" stipulates that it can be fined and special detention on daily

Red Star reporter noticed that the full text of the "Draft" was divided into 17 chapters, totaling 207. The "Draft" is based on the enforcement procedure of the Civil Procedure Law, and provides provisions for the executive agencies and personnel, implementation basis and parties, implementation procedures, remedies and supervision of the party, implementation procedures, execution procedures, execution relief, and supervision of civil procedures. The implementation of the system of implementation and security implementation has been provided.

Many legal professionals said that there are many highlights in the "Draft" provisions worthy of attention, and the relevant provisions provide legal basis for punishment "Lao Lai". In order to strengthen the implementation of deterrence, the "Draft" has also established a "daily fine system" and "special detention system".

Article 57 and 59 of the "Draft" clearly stipulate the implementation and sanctions on "Lao Lai". According to relevant regulations, if the executed person does not perform its implementation obligations, the court may prohibit them from conducting high consumption, non -living or necessary consumption, and restricting their outbound. If it is punished and detention, it is criminal responsible for criminal responsibility. In addition, in order to strengthen the deterrence of implementation, the relevant provisions of the "Draft" increased the punishment of "Lao Lai". For example, Article 188 of the "Draft" establishes a "daily fine system" and if the executed person refuses to deliver a specific target, the court may impose a fine on a day on a day, but it must not exceed 180 days; Article 193; A new "Special Detention System" is set up to be detained again for the person who has continued to refuse to perform irreplaceable behaviors, but it must not exceed six months.

Xu Hao, a lawyer of Beijing Jingshi Laws Affairs, recognized that the above -mentioned system measures have increased the punishment of "Lao Lai", greatly improving the economic and legal costs of malicious evasion of the executor, compressed the space escape space of the person, and will be "old. "Lai" produces a huge deterrent. Han Jinchao pointed out that there was a legal basis for "Lao Lai" to be fined or detained, but the relevant regulations were relatively scattered. The "Draft" focused on relevant punishment measures.

According to the provisions of the Civil Procedure Law and related judicial interpretations, the detention of "Lao Lai" is less than 15 days, and the new "special detention system" of the "Draft" is not more than six months. Han Jinchao believes that it is difficult to apply judicial detention in the actual implementation process.

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Crack "difficult to find things and find things"

Clarify the lawyer's investigation order, information technology assistance to implement

Xu Hao told Red Star News that the number of judicial cases has increased year by year. Although the judicial organs have continued to increase their implementation, the judicial resources used for implementation are limited. Cracking problems such as "difficult to find people and difficult to check" in the field of execution requires full cooperation of relevant departments and all sectors of society to form a joint force.

In this regard, Article 52 of the "Draft" clarifies the "Lawyer's Investigation Order System", and stipulates that the court can apply for an acting person through the network information platform that cannot be retrieved by the lawyer. The people's court applied for an investigation order.

"The lawyer's investigation order system will help solve the problems of more people in the court's executive department, make up for the lack of judicial resources, strengthen the parties' main position in the enforcement of the parties, and mobilize the enthusiasm of the parties and lawyers." Xu Hao analyzed.

In addition, Article 74 of the "Draft" proposes to establish a "information network assistance enforcement mechanism", which stipulates that relevant state organs or other organizations that assisted the implementation of the obligation to enforcement shall be established between the organization that assisted the implementation of social management functions and provides social public services. Network assistance execution mechanism.

Han Jinchao believes that the "Draft" clarifies that the enforcement of civil forces should make full use of modern information technology, which is in line with the development of the information society and is worthy of recognition legislative progress. However, how to combine mandatory implementation with modern information technology still needs to continue to be improved, such as applying for the investigation and control of the court's network to investigate and control the property of the person in accordance with more efficiently and conveniently, the expansion of the investigation and control system of the court's property network investigation and control system, and the improvement of the network inspection and control system The efficiency of efficiency is made to make more comprehensive legal stipulation, so that the "total" and "point -to -point" inspection and control system of the executive court really benefit the solution of difficult issues.

For the "Draft", Gu Jiajie believes that there are still a few highlights. "The basic principle part of the proportion principle is of great significance to standardize the operation of the execution rights; the complaint of the debtor's objections was created in the implementation of the relief part, filling the gap in my country's long -term lack of the protection of the rights and interests of the debtor."

Gu Jiajie told Red Star News that in the context of the implementation of the Civil Code, civil forced enforcement legislation ushered in historical opportunities and facing major challenges. The "formulation law enforcement law" and "effectively solve the difficulty of implementation" are inside. The "difficult to solve the difficulty" is by no means the responsibility of the implementation system, nor is it that the execution system can do it. As the end of the entire civil law, the enforcement law has carried too many responsibilities that should not be borne by themselves. Position. Only the coordinated development and improvement of the physical law, litigation law and enforcement law can finally complete the effect of solving the implementation difficulties, and finally achieve good governance by good law. "

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