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Circular of the Beijing Municipal High People's Court on Issuing the Opinions of the Beijing Municipal High People's Court on Improving the Quality and Efficiency of Enforcement and Providing Judicial Guarantee for Optimizing the Capital's Business Environment (Trial)

Jing Gao Fa Fa [2020] No. 101

To No.1 Intermediate People's Court, No.2 Intermediate People's Court, No.3 Intermediate People's Court, No.4 Intermediate People's Court;

To Beijing Internet Court and people's courts of all districts:

The Judicial Committee of Beijing Municipal High People's Court deliberated on and adopted the Opinions of the Beijing Municipal High People's Court on Improving the Quality and Efficiency of Enforcement and Providing Judicial Guarantee for Optimizing the Capital's Business Environment (Trial) (the Opinions) at the 5th Meeting of 2020. The Opinions is hereby printed and distributed for implementation. For any problem encountered in the implementation, please report to the Executive Board of Beijing Municipal High People's Court in a timely manner.

The Circular is hereby issued.

Beijing Municipal High People's Court

March 11, 2020

Opinions of the Beijing Municipal High People's Court on Improving the Quality and Efficiency of Enforcement andProviding Judicial Guarantee for Optimizing the Capital's Business Environment (Trial)

In order to improve the quality and efficiency of enforcement, give full play to the functions of enforcement, and provide fair, just, efficient and convenient judicial services to market participants, the Opinions is formulated in accordance with the Civil Procedures Law and relevant judicial interpretations as well as the enforcement practice of Beijing courts.

Article 1 After an enforcement case is placed on file, the courts shall generally complete the property investigation within one month, and take measures including but not limited to attachment, seizure, freezing according to the laws. The courts shall intensify online investigation and control of property, include bank financial products, provident fund account information, real estate information, etc. into the investigation and control system, and achieve online investigation and control of various property forms such as bank deposits, real estate and equity.

Article 2 After the property is attached, seized or frozen, where it is necessary to determine the reference price for property disposal, the courts shall start the procedures for determining the reference price for property disposal within 30 days. Where bargaining by parties, targeted inquiry or online inquiry can be adopted, they shall be prioritized, so as to improve the efficiency of determining the reference price. Where entrusted assessment is required, the courts shall promptly entrust an assessment agency and urge it to issue an assessment report within 30 days after the entrustment; where the assessment agency applies for an extension of the time limit, it shall be strictly examined.

Article 3 For the property that needs to be realized, in principle, an online judicial auction is adopted. Generally, an auction announcement shall be issued within ten days after the reference price is determined. Where the first online judicial auction fails, an announcement of the second auction shall be released on the same network platform within 15 days from the date of such failure. In accordance with the principle of property classification and disposal, the courts shall achieve fast pricing and quick online auction of small pieces of movable property to shorten the disposal cycle. The courts shall conduct on-line supervision and real-time supervision of key nodes of property disposal by means of information technologies.

Article 4 If the enforcement payment is received, the court shall complete the accounting of the enforcement payment, enforcement cost, notification to the enforcement applicant for drawing the payment and the return of the enforcement payment within 30 days. Where a delay in return is in line with the legal circumstances, the return of the case money shall be completed within ten days after the delay in return has disappeared. The courts shall explore the establishment of a networked collection and return mechanism to facilitate the collection and return of the enforcement payment, in order to ensure the convenience of the receipt and disbursement of the payment, the traces of the whole process and the payment can be disbursed in a timely manner.

Article 5 Cases where the person subject to enforcement has property enforceable shall, in principle, be concluded within six months from the date of case filing. Where there indeed is a reason for the failure of conclusion of the cases within six months, the presiding judge shall generally report the details of the case and the reason one month in advance, and submit the case to the professional judges' meeting for review. Where it is necessary to extend the time limit for enforcement, the presiding judge shall report step by step to the vice-president in charge for approval. Where the enforcement court fails to conclude the case within six months from the date of case filing without justified reasons, the superior court shall urge the enforcement court to carry out enforcement within a time limit.

Article 6 Enhance penalties for refusal of enforcement, take full advantage of the compulsory means prescribed by law, and restrict consumption and impose exit restrictions to the greatest extent according to law. All persons subject to enforcement who commits refusal of enforcement shall be included into the untrustworthy list, fine and detention shall be applied in accordance with laws, refusal of enforcement shall be prosecuted publicly and privately in a parallel way, so as to urge the persons subject to enforcement to fulfill their obligations voluntarily.

Article 7 Promote the separate handling of complex and simple enforcement cases as well as the intensive handling of transactional work of enforcement. Classify enforcement cases, divide enforcement cases into money cases and behavior cases, divide money involved cases into property cases and non-property cases, and divide property cases into cases requiring no realization and cases requiring realization. Divide complex and simple cases through classification, and truly achieve rapid enforcement of simple cases and accurate enforcement of complex cases. Handle transactional work such as property investigation and control, document production and delivery, and management of enforcement-terminated cases in an intensive manner.

Article 8 If one of the following circumstances is found during the trial of a judgment enforcement case, a ruling shall be made timely to reject the application based on procedure requirements:

1. The interested party raises an objection in accordance with the provisions of Article 225 of the Civil Procedure Law of the People's Republic of China but fails to provide evidence to prove that he or she has a legal and direct interest in the act of enforcement;

2. The person not involved in the case raises an objection in accordance with the provisions of Article 227 of the Civil Procedure Law of the People's Republic of China but fails to provide evidence to prove that he or she has legal and direct substantive rights in the enforcement of the subject matter of enforcement;

3. The person other than the one subject to enforcement raises an objection on the grounds that the time of prescription of enforcement application has expired.

4. The objection raised by the person subject to enforcement essentially refer to the content determined by an effective legal instrument.

Article 9 Except for difficult and complex enforcement cases that require hearing as expressly stipulated by laws and judicial interpretations, in principle, no hearing shall be carried out. The courts may, according to the specific circumstances of the case , carry out documentary review by reading relevant files, having conversations, etc., and they can conduct conversations and hearing online according to the relevant provisions of the Measures for Further Improving the Quality and Efficiency of Justice (issued by the Committee of Comprehensively Ruling City by Law of the Beijing Municipal Committee of CPC) and the Measures on Pilot Reform of Dividing Simple and Complex Civil Litigation Procedures (issued by the Beijing Municipal High People's Court), so as to simplify trial procedures and judgment documents appropriately.

For enforcement cases that can be combined according to law, the courts shall, in principle, carry out a joint trial of them.

Article 10 Implement relevant provisions concerning the enforcement-to-insolvency system, and increase efforts to clear "zombie enterprises" in the enforcement procedure. Strengthen the coordination with the insolvency trial, and further optimize and standardize the enforcement-to-insolvency process to ensure smooth channels and orderly operation. Promote the integration between the information systems of enforcement and trial of insolvency case, achieve the sharing of measure resources, information resources and property disposal resources, and promote the efficient handling of insolvency cases.

Article 11 Where the parties apply for the enforcement of a legally effective judgment, ruling or letter of mediation made by the people's court, an award or letter of mediation made by the arbitration institution according to law, or a credit document with compulsory enforcement effect granted by a notarial institution according to law, the enforcement application fee shall be borne by the person subject to enforcement. The courts shall not charge t the fee in advance when the enforcement case is placed on file. Instead, they shall charge the person subject to enforcement after the actual enforcement of the case money.

Article 12 The courts shall promote the disclosure of nodes of the entire enforcement process, and automatically forward the enforcement information of each step and each node to the parties through the enforcement case handling system, and implement the active feedback of enforcement progress and the system of fixed enforcement reception day, enabling the parties to timely know the progress of the case enforcement.

Article 13 Keep the channels open for the parties and the lawyers to contact judges, ensure all cases be handled once placed on file, and timely respond to the demand for contacting judges, made by the parties through Beijing Court Trial Information Online, Beijing Courts Litigation Service WeChat Official Account, Beijing Mobile Micro Court, 12368 Voice Service Platform, etc., which involving the court's exercise of enforcement power or in connection with the case.

Article 14 Promote the participation of lawyers in enforcement, implement the relevant work requirements of the Supreme People's Court on lawyers' participation in enforcement, actively explore and innovate various working mechanisms to protect lawyers' right to practice and promote lawyers' participation in enforcement, encourage lawyers to participate in the entire enforcement process of property preservation, enforcement investigation, property control and realization, prevention of and crackdown on behaviors of evading enforcement, enforcement remedy, resolution of disputes, and legal publicity of enforcement, and give play to the active role of lawyers in the application of laws and regulations, search for property clues, enforcement risk assessment, and legal remedy for rights and interests.

Article 15 This Opinions shall come into force as of the date of promulgation.