| Notice from the Supreme People's Court regarding Issuing the Guiding Opinions on Several Issues Concerning Properly Handling Enforcement Cases Involving the COVID-19 Outbreak According to the Law | | 最高人民法院印发《关于依法妥善办理涉新冠肺炎疫情执行案件若干问题的指导意见》的通知 |
| (No. 16 [2020] of the Supreme People's Court) | | （法发〔2020〕16号） |
| The higher people's courts of all provinces, autonomous regions, and municipalities directly under the Central Government; the Military Court of the People's Liberation Army; and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region: | | 各省、自治区、直辖市高级人民法院，解放军军事法院，新疆维吾尔自治区高级人民法院生产建设兵团分院： |
| The Guiding Opinions on Several Issues Concerning Lawfully and Properly Handling Enforcement Cases Involving the COVID-19 Outbreak is hereby issued to you for your conscientious implementation. | | 现将《最高人民法院关于依法妥善办理涉新冠肺炎疫情执行案件若干问题的指导意见》印发给你们，请认真贯彻执行。 |
| Supreme People's Court | | 最高人民法院 |
| May 13, 2020 | | 2020年5月13日 |
| Guiding Opinions on Several Issues Concerning Lawfully and Properly Handling Enforcement Cases Involving the COVID-19 Outbreak | | 最高人民法院关于依法妥善办理涉新冠肺炎疫情执行案件若干问题的指导意见 |
| For the purposes of implementing the guiding principle as proclaimed by the CPC Central Committee in the meeting for advancing the prevention and control of the COVID-19 outbreak and economic and social development in an overall manner, properly handling enforcement cases involving the COVID-19 outbreak, protecting the lawful rights and interests of the people, maintaining the social and economic order, and safeguarding social fairness and justice, the following guiding opinions are hereby offered in accordance with the provisions of laws and judicial interpretations and in light of actual circumstances in the enforcement work. | | 为贯彻落实党中央关于统筹推进新冠肺炎疫情防控和经济社会发展工作部署会议精神，依法妥善办理涉新冠肺炎疫情执行案件，维护人民群众合法权益，维护社会和经济秩序，维护社会公平正义，依照法律、司法解释相关规定，结合执行工作实际，提出如下指导意见。 |
| I. Maximizing the role of enforcement in providing services and protecting rights and interests: People's courts at all levels shall fully recognize the significant impact that the COVID-19 outbreak had on the economy and society, focus on the overall situation of advancing the prevention and control of the COVID-19 outbreak, as well as economic and social development in an overall manner, make full use of the results of “basically solving difficulties in enforcement”, effectively leverage the role of the working mechanism for "unified management, unified commanding and unified coordination”, and advance the enforcement work in a smooth and orderly manner. Enforcement work shall be reinforced for judgment debtors who are capable of fulfilling their obligations and meet the conditions for compulsory enforcement, and the lawful rights and interests of the prevailing parties, especially those experiencing difficulties in production or life due to the COVID-19 outbreak, shall be protected. During the process of handling enforcement cases involving the COVID-19 outbreak, people's courts at all levels shall accurately understand and apply the law, further highlight and strengthen the concept of bona fide and procedure-based enforcement, prudently take compulsory enforcement measures according to the law, and balance and coordinate the interests of all parties by minimizing the impact on the rights and interests of judgment debtors and actively guiding the parties in resolving conflicts and disputes through reconciliation. This shall be done while also protecting the lawful rights and interests of the prevailing parties according to the law, so as to provide powerful judicial services and guarantees for the overall advancement of all tasks related to economic and social development. | | 一、充分发挥执行工作的服务保障作用。各级人民法院要充分认识此次疫情对经济社会产生的重大影响，立足统筹推进疫情防控和经济社会发展工作大局，充分利用“基本解决执行难”工作成果，有效发挥“统一管理、统一指挥、统一协调”工作机制作用，平稳有序推进执行工作。被执行人有履行能力且具备强制执行条件的，要持续加大执行力度，依法保障胜诉当事人尤其是受疫情影响导致生产生活困难当事人的合法权益。在涉疫情执行案件办理过程中，要准确理解和适用法律，进一步突出强化善意文明执行理念，依法审慎采取强制执行措施，平衡协调各方利益，在依法保障胜诉当事人合法权益的同时，最大限度降低对被执行人权益的影响，积极引导当事人以和解方式化解矛盾纠纷，为统筹推进经济社会发展各项工作提供有力司法服务和保障。 |
| II. Suspending the prescriptive period for applying for enforcement according to the law: Where, during the last six months of the prescriptive period for applying for enforcement, a creditor has been unable to file a claim due to the COVID-19 outbreak or the prevention and control measures for the COVID-19 outbreak, and claims for the suspension of such prescriptive period according to Article 27 of the Interpretation of the Supreme People's Court of Several Issues Concerning the Enforcement Procedures in the Application of the Civil Procedure Law of the People's Republic of China, the people's court shall support such claim. | | 二、依法中止申请执行时效。在申请执行时效期间的最后六个月内，因疫情或者疫情防控措施不能行使请求权，债权人依据《最高人民法院关于适用〈中华人民共和国民事诉讼法〉执行程序若干问题的解释》第二十七条规定主张申请执行时效中止的，人民法院应予支持。 |
| III. Accurately defining the legal boundary of seizure measures: The seizure of property beyond the permitted scope and the illegal seizure of property of those who are not parties to a case shall be strictly prohibited. People's courts shall ensure the smooth access to remedial channels for property under investigation and control, reinforce supervision, and effectively prevent illegal enforcement or excessive enforcement measures from affecting the property utilization and normal business operations of enterprises. Trial procedures and enforcement procedures shall be effectively connected. While hearing civil cases involving the COVID-19 outbreak, people's courts shall intensify the examination of applications for property preservation, and in accordance with the law, will not support certain preservation applications that clearly exceed the scope of the claims. Where a party applies for preservation beyond the permitted scope by maliciously increasing the subject matter of the litigation or otherwise, causing losses to the opposing party, the opposing party may institute an action for the losses suffered. | | 三、准确把握查封措施的法律界限。坚决禁止超标的查封，严禁违法查封案外人财产，畅通财产查控的救济渠道，加大监督力度，切实防止违法执行或采取过度执行措施影响企业财产效用发挥和企业正常运营。做好审判程序与执行程序的衔接，人民法院审理涉疫情民事案件，要加大对财产保全申请的审查力度，对明显超出诉讼请求范围的超标的部分保全申请，依法不予支持。当事人通过恶意提高诉讼标的等方式超标的申请保全，给对方当事人造成损失的，对方当事人可以就所受损失依法提起诉讼。 |
Without prejudice to creditor's rights, people's courts shall take appropriate measures to seize the property of the judgment debtors who have experienced difficulties in production or life due to the COVID-19 outbreak. Where a judgment debtor has several properties available for enforcement, the people's court shall select the property that has less impact on the production and life of the judgment debtor and is easy to be enforced. Where ‘flexible seizure' of property is possible to adopt, no ‘strict seizure' shall be performed. Where a judgment debtor's production materials such as factory buildings, machinery and equipment are seized and the continuous use of such production materials by the judgment debtor has no significant impact on the value of the property, the judgment debtor shall be allowed to continue such use. Where a judgment debtor applying for paying off debts with the funds raised with the seized property obtains the consent of the enforcement creditor or has raised sufficient funds to pay off all enforcement debts, the judgment debtor may be supervised in raising funds within the prescribed time limit. Where a project under construction is seized, the judgment debtor shall generally be allowed to continue the construction. Where a judgment debtor's commercial property under construction or existing property are seized, on the premise of ensuring that the corresponding payment can be controlled, the people's court may supervise the judgment debtor in selling the property at a reasonable price on their own within a specified time limit. Where the bank savings of the judgment debtor are frozen, the specific amount shall be specified and the transfer of savings that are beyond the frozen assets and the use of the savings account shall not be affected.
．．．．．． | | 对受疫情影响导致生产生活困难的被执行人，在不影响债权实现的前提下，人民法院应当选择适当的查封措施。被执行人有多项财产可供执行的，应当选择对其生产生活影响较小且方便执行的财产执行。对能“活封”的财产，不进行“死封”。查封厂房、机器设备等生产性资料，被执行人继续使用对该财产价值无重大影响的，应当允许其继续使用。被执行人申请利用查封财产融资清偿债务，经执行债权人同意或者融资款足以清偿所有执行债务的，可以监督其在指定期限内进行融资。查封被执行人在建工程的，原则上应当允许其继续建设。查封被执行人在建商品房或现房的，在确保能够控制相应价款的前提下，可以监督其在指定期限内按照合理价格自行销售房屋。冻结被执行人银行账户内存款的，应当明确具体数额，不得影响冻结之外资金的流转和账户的使用。
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