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| Notice of the Supreme People's Court on Issuing the Several Opinions on Further Strengthening and Regulating the Enforcement Work | | 最高人民法院印发《关于进一步加强和规范执行工作的若干意见》的通知 |
(No.43 [2009] of the Supreme People's Court) | |
（法发〔2009〕43号） |
The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government, the Military Court of the PLA, and Xinjiang Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uigur 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 Several Opinions of the Supreme People's Court on Further Strengthening and Regulating the Enforcement Work are hereby issued to you. Please seriously implement them in combination with your work practice. | |
现将最高人民法院《关于进一步加强和规范执行工作的若干意见》印发给你们，请结合工作实际，认真贯彻落实。 |
July 17, 2009 | |
二〇〇九年七月十七日 |
Several Opinions of the Supreme People's Court on Further Strengthening and Regulating the Enforcement Work | |
关于进一步加强和规范执行工作的若干意见 |
In recent years, under the leadership of the Party's committees at all levels, the supervision of the people's congresses at all levels and the support of the governments at all levels, the people's courts have incessantly boosted the reform of the enforcement system and mechanisms, improved the long-term effect mechanism for enforcement and organized the clear-up of long-pending enforcement cases, which strongly protect the legitimate rights and interests of the people, maintain the social equity and justice and promote the social harmony and stability. However, the difficulty in enforcement has not been eliminated at the root so that we still need to further regulate the enforcement work and strengthen the magnitude and timeliness of enforcement. Therefore, the people's courts at all levels shall further carry out the scientific view of development and the spirit in a series of documents issued by the central authorities so as to, for the ultimate goal of solving the difficulty in enforcement, effectively improve the enforcement work system and mechanisms, attach importance to boosting the building of a long-term effect mechanism for enforcement and comprehensively raise the level of regulation of the enforcement work. | |
近年来，在各级党委领导、人大监督、政府支持下，人民法院不断推进执行体制和机制改革，健全执行工作长效机制，组织开展集中清理执行积案活动，有力保障了人民群众的合法权益，维护了社会公平正义，促进了社会和谐稳定。但是执行难问题并未从根本上得到解决，执行工作规范化水平仍需进一步提高，执行的力度和时效性有待进一步加强。为此，各级人民法院要进一步贯彻落实科学发展观和中央一系列文件精神，以解决执行难为重点，切实改进和完善执行工作体制机制，着力推进执行工作长效机制建设，全面提升执行工作规范化水平。 |
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| I. Making More Efforts in the Enforcement Work | | 一、进一步加大执行工作力度 |
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| 1. Setting up a rapid response mechanism for the enforcement work. We shall improve the rapid response capability in enforcement work, strengthen the connections with the public security departments, the procuratorial departments and other relevant departments, and handle enforcement clues and emergencies in a timely manner. The people's courts at the intermediate and higher levels shall set up enforcement command centers and form rapid response forces. Where conditions permit, the grassroots people's courts may also set up enforcement command centers as needed by work. The chief of the command center of a people's court shall be the president or a vice president authorized by the president of the court, and the chief of the enforcement division shall be responsible for the concrete organization and implementation. To make it convenient to coordinate with the disciplinary inspection departments, the public security departments, the procuratorial departments and other relevant departments in uniformly sharing all sorts of judicial resources, the chiefs of the enforcement divisions who meet the prescribed requirements may be appointed as members of the Party groups. The working body of a command center shall be located within the enforcement division, and be on duty around the clock. The rapid response force shall be composed of the enforcement personnel, judicial police, etc. of the courts within the jurisdiction, and a rapid response enforcement team shall be set up under the rapid response force to rapidly take enforcement actions according to the instructions given by the command center. | | （一）建立执行快速反应机制。要努力提高执行工作的快速反应能力，加强与公安、检察等部门的联系，及时处理执行线索和突发事件。高、中级人民法院应当成立执行指挥中心，组建快速反应力量。有条件的基层人民法院根据工作需要也可以成立执行指挥中心。指挥中心负责人由院长或其授权的副院长担任，执行局长具体负责组织实施。为了便于与纪检、公安、检察等有关部门的协调，统一调用各类司法资源，符合条件的执行局长可任命为党组成员。指挥中心办事机构设在执行局，并开通24小时值班电话。快速反应力量由辖区法院的执行人员、司法警察等人员组成，下设快速反应执行小组，根据指挥中心的指令迅速采取执行行动。 |
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| 2. Improving the coordination and cooperation mechanism for filing, trial and enforcement of cases. We shall strengthen the coordination and cooperation between the three stages: filing, trial and enforcement of cases, so as to form a resultant force inside the people's courts to solve the difficulty in enforcement. At the case-filing stage, we shall make more efforts in the litigious guidance, legal interpretation, risk notification and pre-trial reconciliation, and special attention shall be paid to the measures of property preservation taken legally and timely before the institution of an action for a case which meets the prescribed requirements. At the stage of trial, we shall legally and timely take preservation and advance enforcement measures for cases meeting the prescribed requirements; strongly encourage mediation and increase the rate of cases in which judgments are enforced in court and the rate of cases in which judgments are enforced voluntarily by the parties concerned; strengthen the reasoning in the judgments and reinforce the system of answering questions after rendering judgments so as to make the parties concerned submit to the judgments and make sure that the disputes are over upon the close of cases; and endeavor to improve the quality of judgments by increasing the reasoning in them, accurately and clearly stating the rights and obligations of both parties and fully considering the enforceability of judgments. | | （二）完善立审执协调配合机制。加强立案、审判和执行三个环节的协作配合，形成法院内部解决执行难的合力。立案阶段要加强诉讼指导、法律释明、风险告知和审前和解，尤其是对符合法定条件的案件依法及时采取诉前财产保全措施。审判阶段对符合条件的案件要依法及时采取诉讼保全和先予执行措施；要大力推进诉讼调解，提高调解案件的当庭履行率和自觉履行率；要增强裁判文书的说理性，强化判后答疑制度，促使当事人服判息诉，案结事了；要努力提高裁判文书质量，增强说理性，对双方的权利义务要表述准确、清晰，并充分考虑判项的可执行性。 |
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| 3. Setting up an effective mechanism for handling letters and visits of complaint about enforcement issues. The people's courts at all levels shall have special institutions for handling enforcement complaints, responsible for examining and handling letters and visits of complaint about enforcement issues. On the basis of clear division of functions of such special institutions and the case-filing and other divisions, we shall make explorations to set up a mechanism for examining and handling letters and visits of complaint about enforcement issues which is unified among the people's courts at four levels. The people's courts at higher levels shall set up a system of urging the people's courts within their jurisdictions to handle cases about letters and visits of complaint about enforcement issues in an open manner, and a special page shall be set on the website of a people's court where cases are registered one by one for strengthened supervision and the closed cases are deregistered under the corresponding categories. We shall further regulate the procedures for handling cases about letters and visits of complaint about enforcement issues, maintain expedite channels for communication with the general public, and hold public hearings without exception of important and complex cases. We shall attach great importance to the initial letters and visits of complaint and solve problems from the grassroots level and from the source. We shall strengthen the cooperation with the relevant departments, and give full play to the role of the mechanism for closing letters and visits of complaint under the leadership of the Party committees. We shall increase the magnitude of urging the handling of cases about letters and visits of compliant, implement the system of leaders tied to cases, and circulate notices on the ranks in handling letters and visits of complaint about enforcement issues. We shall improve the evaluation mechanism, the accountability mechanism and the responsibility retracing mechanism for the work on handling letters and visits of compliant about enforcement issues. | | （三）建立有效的执行信访处理机制。各级人民法院要设立专门的执行申诉处理机构，负责执行申诉信访的审查和督办，在理顺与立案庭等部门职能分工的基础上，探索建立四级法院上下一体的执行信访审查处理机制。上级法院要建立辖区法院执行信访案件挂牌督办制度，在人民法院网上设置专页，逐案登记，加强督办，分类办结后销号。进一步规范执行信访案件的办理流程，畅通民意沟通途径，对重大、复杂信访案件一律实行公开听证。要重视初信初访，从基层抓起，从源头抓起。要加强与有关部门的协作配合，充分发挥党委领导下的信访终结机制的作用。加大信访案件督办力度，落实领导包案制度，开展执行信访情况排名通报。完善执行信访工作的考评机制，信访责任追究和责任倒查机制。 |
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4. Reinforcing the publicity of enforcement work. The people's courts at all levels shall strengthen their connection with the publicity departments of the Party committees, regard the enforcement work as an important content of the legal publicity work, make overall planning on the publicity of enforcement work, and improve the legal awareness and risk awareness of the general public. We need to establish stable cooperation relationships with radio, newspapers, television, network and other medias, and conduct publicity activities, such as interpretation of regulations and policies, news report on important enforcement activities, publication of typical cases and exposure of enforcees' evasion or avoidance of or resistance to enforcement, in such manners as holding news releases, making special reports, making follow-up reports, making on-the-spot interviews and setting up special columns. We shall attach great importance to the work on communication with the public, and make extensive and profound efforts to obtain the opinions and suggestions of the common people and all communities on enforcement work in various ways such as coming into the countryside, residential areas and enterprises, so as to turn the reasonable social opinions and suggestions into specific improvement measures for improving the enforcement work.
．．．．．． | | （四）强化执行宣传工作。各级人民法院要加强同党委宣传部门的联系，将执行工作作为法制宣传工作的重要内容，制定执行工作宣传的整体规划，提高全社会的法制意识和风险意识。要与广播、报纸、电视、网络等媒体建立稳定的合作关系，采取召开新闻发布会、专题报道、跟踪报道、现场采访、设置专栏等方式，开展执行法规政策讲解、重大执行活动报道、典型案例通报、被执行人逃避、规避或抗拒执行行为的曝光等宣传活动。要高度重视民意沟通工作，通过进农村、进社区、进企业等多种形式，广泛深入地了解人民群众和社会各界对执行工作的意见和建议，把合理的社情民意转化为改进工作的具体措施，提高执行工作水平。
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