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| Notice by the Supreme People's Court of Regulating Enforcement Actions during the Enforcement Work to Effectively Protect the Property Rights and Interests of All Parties | | 最高人民法院关于在执行工作中规范执行行为切实保护各方当事人财产权益的通知 |
| (No. 401 [2016] of the Supreme People's Court) | | （法〔2016〕401号） |
| The high 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 High 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： |
| On November 4, 2016, the CPC Central Committee and the State Council issued the Opinions on Improving the Property Rights Protection System and Lawfully Protecting Property Rights (No. 28 [2016], CPC Central Committee, hereinafter referred to as the "Opinions"). On November 10, the Supreme People's Court held a special meeting to study and implement the Opinions, requiring all people's courts to thoroughly implement the spirit of the Opinions, fully perform the trial function and role of people's courts, and protect the property rights of the economic organizations under diversified forms of ownership and citizens in accordance with the law, so as to continuously advance the law-based protection of property rights and provide strong judicial guarantees for economic and social development. In accordance with the Opinions and the spirit of the aforesaid meeting, the following requirements are hereby put forward in respect of the implementation of the property rights protection system and the legal protection of property rights in the enforcement procedures: | | 2016年11月4日，中共中央、国务院下发《关于完善产权保护制度依法保护产权的意见》（中发〔2016〕28号，以下简称《意见》）。11月10日，最高人民法院召开学习贯彻《意见》专题会议，要求深入贯彻落实《意见》精神，充分发挥人民法院审判职能作用，依法保护各种所有制经济组织和公民财产权，不断推进产权保护法治化，为经济社会发展提供有力司法保障。根据《意见》及上述会议精神，现就执行程序中贯彻落实产权保护制度、依法保护产权提出以下工作要求： |
| I. Firmly establishing the concept of legal protection of property rights in the enforcement work. The enforcement work, as a key step of the entire judicial procedure, is a complex process for using the coercive power of the state to achieve effective judgments, which is related to not only the realization of the creditor's rights of the prevailing party, but also the legal protection of the property rights of the parties subject to enforcement, those who are not parties to a case, and other interested parties as well as the overall situation of economic and social development. People's courts at all levels shall conduct the enforcement work in strict accordance with the law to enable creditors to maximize the interests of a prevailing party while controlling the enforcement within a reasonable scope to avoid infringement of any of the lawful property rights of the parties subject to enforcement, those who are not parties to a case, or other interested parties; firmly establish the concept of procedure-based and bona fide enforcement by law, and on the basis of taking into full consideration and protecting the lawful rights and interests of creditors, coordinate the interests of all interested parties in an overall manner, grasp the timing for enforcement, and pay attention to enforcement strategies and methods, so as to endeavor to achieve the effective integration of the legal and social effects of the enforcement, of the reinforcement of the enforcement work and the protection of the lawful rights and interests of all parties, and of the performance of duties and the consideration of the overall situation and the promotion of development, as well as to enable the people in every enforcement case to see that justice is served. | | 一、在执行工作中牢固树立依法保护产权的理念。执行工作是整个司法程序中的关键一环，是运用国家强制力实现生效裁判的复杂过程，既关系胜诉债权的实现，也关系被执行人、案外人等相关方的合法产权保护，关系经济社会发展大局。各级人民法院要严格依照法律规定执行，既要最大限度地让债权人实现胜诉权益，又不能随意扩大执行范围，侵犯被执行人、案外人等相关方的合法产权；要牢固树立依法执行、文明执行、善意执行理念，在充分考虑和保护债权人合法权益的基础上，统筹兼顾相关方利益，把握执行时机，讲究执行策略，注意执行方法，努力实现执行的法律效果与社会效果有机统一，加大执行力度与保护各方合法权益有机统一，履行职责与服务大局、促进发展有机统一，努力让人民群众在每一个执行案件中感受到公平正义。 |
| II. Accurately identifying the property of the party subject to enforcement in accordance with the law. It is the basic legal principle of enforcement by courts that only the property of the party subject to enforcement is available for enforcement. During the process of enforcement, people's courts at all levels shall accurately identify the property of the party subject to enforcement in accordance with the law, strengthen the examination of property registration, ownership certificates, certification documents and other relevant information, enhance communication and cooperation with the departments in charge of the ownership registration for relevant property, and advance the building of an information-based enforcement and inquiry mechanism, so as to identify the property of the party subject to enforcement in an accurate and timely manner and avoid taking enforcement measures against the lawful property of those who are not parties to a case and other parties other than the party subject to enforcement. Meanwhile, the property of the party subject to enforcement as determined, enforcement shall be intensified and effectively performed in a timely manner, so as to ensure that the creditor's rights of applicants for enforcement can be realized in a timely manner. | | 二、依法准确甄别被执行人财产。只能执行被执行人的财产，是法院强制执行的基本法律原则。各级人民法院在执行过程中，要依法准确甄别被执行人财产，加强对财产登记、权属证书、证明及有关信息的审查，加强与有关财产权属登记部门的沟通合作，推进信息化执行查询机制建设，准确、及时地甄别被执行人财产，避免对案外人等非被执行人的合法财产采取强制执行措施。同时，对确定属于执行人的财产，则应加大执行力度，及时执行到位，确保申请执行人的债权及时兑现。 |
| In cases involving any property penalty, illegal income and lawful property shall be strictly distinguished in accordance with the law, and no judgment for recovery or order for return and compensation shall be made where illegal income cannot to be determined upon trial. The personal property and the property of legal person enterprises shall be strictly distinguished, and no property of a legal person enterprise shall be arbitrarily involved in punishment against the offenses of any shareholder or manager of such enterprise or other natural persons, while no lawful personal property of any shareholder or manager of an enterprise shall be arbitrarily involved in punishment against the offenses of such enterprise. The personal property of persons involved in cases and the property of their family members shall be strictly distinguished, and no lawful property of their family members shall be involved in punishment against the offenses of persons involved in cases. | | 在财产刑案件执行中，要依法严格区分违法所得和合法财产，对于经过审理不能确认为违法所得的，不得判决追缴或者责令退赔；严格区分个人财产和企业法人财产，处理股东、企业经营管理者等自然人犯罪不得任意牵连企业法人财产，处理企业犯罪不得任意牵连股东、企业经营管理者个人合法财产；严格区分涉案人员个人财产和家庭成员财产，处理涉案人员犯罪不得牵连其家庭成员合法财产。 |
In the enforcement procedures, the modification or addition of a party subject to enforcement shall be strictly limited to being under the circumstances expressly prescribed in laws or judicial interpretations. People's courts at all levels shall avoid arbitrarily expanding the scope of modification or addition, in strict accordance with the Provisions of the Supreme People's Court on Several Issues Concerning the Modification and Addition of Parties in Civil Enforcement which will come into force soon.
．．．．．． | | 在执行程序中直接变更、追加被执行人的，应严格限定于法律、司法解释明确规定的情形。各级人民法院应严格依照即将施行的《最高人民法院关于民事执行中变更、追加当事人若干问题的规定》，避免随意扩大变更、追加范围。
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