How to solve the "difficult execution" -The members of the Standing Committee of the National People's Congress have hotly discussed the draft civil force enforcement law
Author:Xinhuanet Time:2022.06.24
Xinhua News Agency, Beijing, June 24th.
Xinhua News Agency reporters Qi Qi, Baiyang
On the afternoon of the 35th meeting of the Standing Committee of the 13th National People's Congress, the group reviewed the draft law enforcement law on the afternoon of the 23rd. Participants generally believe that in the context of the implementation of the Civil Code, it is necessary to enforce special legislation for civil forced enforcement. Civil compulsory enforcement of legislation comprehensively summarizes the implementation of the work experience, provides legal basis for the implementation of the execution rights of the judicial organs, and provides legal guarantee for the right to realize the rights of civil subjects.
Member Wang Jiaocheng said that the formulation of civil forced enforcement law is an important institutional achievement of establishing comprehensive governance and difficulty in implementing a difficult and long -term mechanism of source governance. It is of great significance.
Member Liu Xiuwen believes that the draft is based on the enforcement procedures of the Civil Procedure Law, adheres to the problem -oriented, comprehensively summarizes the practical experience of civil execution procedure reform, takes into account the efficiency and fairness, and provides legal support to effectively solve the difficulty of implementation.
The draft clarifies the punishment measures for "Lao Lai", as well as the applicable conditions for the measures incorporated into the list of people who are not credible. In response to the "flower moves" such as fictional reporting, transfer, and hiding property in practice in practice, as well as "difficulty in obtaining evidence" during the execution process, the participants launched a heated discussion.
Member Du Xiaoguang said that the draft provides regulations on the detention period and fine limit of the "sanctions", but compared with the benefits of debt, these measures are not enough. It is recommended to further increase compulsory measures, extend the detention period, and increase the fine limit of fines.
"The basic information of some enterprises and personal credit situations is not comprehensive and unreal. Two companies account and open accounts, and layers of complicated correlation companies with complicated structures. Market entities are invincible to this, and management departments are extremely difficult to prevent. Member Chen Guomin suggested to further promote the establishment of a joint credit disciplinary joint meeting mechanism, promote the expansion and upgrading of the joint disciplinary system, and realize the automatic identification, automatic interception, and automatic disciplinary list in a larger scale.
"It is often difficult to execute in the cooperation of other departments. Once these departments do not cooperate, they will cause the court to obtain evidence and implement difficulties. It is recommended to clarify the names and responsibilities of the relevant units in this section. And the processing method and other contents. "Member Han Xiaowu said.
"Execution is the last mile of fairness and justice." Member Tan Yaozong said that the draft should further improve the standards and supervision of public power exercise of public power, strengthen the restrictions and supervision of power operation, and effectively close the cage of power into the system.
[Editor in charge: Wu Yongling]
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