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| Notice of the Committee of Political and Legislative Affairs under the CCCPC and the Supreme People's Court on Regulating the Case Closing Criteria for the Intensive Clear-up of Long-pending Enforcement Cases | | 中央政法委、最高人民法院关于规范集中清理执行积案结案标准的通知 |
(No. 15 [2009] of the Supreme People's Court, March 19, 2009) | |
（2009年3月19日 法发[2009]15号） |
The Party committees and committees of politics and law of all provinces, autonomous regions and municipalities directly under the Central Government, and the Party Committee and Committee of Politics and Law of Xinjiang Production and Construction Corps; the higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government, and Xinjiang Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uigur Autonomous Region; the General Political Department and the Military Court of the People's Liberation Army: | |
各省、自治区、直辖市党委政法委、新疆生产建设兵团党委政法委，各省、自治区、直辖市高级人民法院、新疆维吾尔自治区高级人民法院兵团分院，解放军总政治部、军事法院： |
Since the launch of the national intensive clear-up of long-pending enforcement cases, the people's courts across the country have concluded the enforcement of a large number of long-pending cases, and the clear-up of long-pending enforcement cases has seen a stage success. However, there are still some problems: in some regions, there lacks a complete understanding of the importance of the campaign, the magnitude of clearing up long-pending enforcement cases is weak, and the ratio of closed enforcement cases is low. In some regions, there is a misunderstanding of the requirement of using compulsory measures with caution, and as a result, they dare not conduct enforcement in accordance with law or tackle tough cases, causing that the rights and interests of the creditors cannot be realized. Deviation from the criteria for closing cases and problems such as improper suspension and improper closure exist in some regions. In some regions, the basic data are inaccurate, and phenomena such as concealing the truth in reporting, failing to report and making a false report exist. The quality of case files in some regions is poor and the contents thereof are incomplete. To achieve the overall objective of the intensive clear-up of long-pending enforcement cases, we hereby notify you about further regulating the case closing criteria for the clear-up of long-pending enforcement cases as follows: | |
全国集中清理执行积案活动开展以来，各地人民法院已执结了一大批积案，清积活动取得了阶段性成果。但也存在一些问题：有的地方认识不到位，清积力度不大，执结率不高；有的地方理解慎用强制措施有误区，不敢依法执行，不敢碰硬，导致债权人权益无法实现；有的地方结案标准存在偏差，存在不当中止、不当终结等问题；有的地方基础数据不准确，存在瞒报、漏报甚至弄虚作假的现象；有的地方案件卷宗质量不高，内容缺损。为实现这次集中清理执行积案活动的总体目标，现就进一步规范清理执行积案的结案标准通知如下： |
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| I. Firmly closing cases with property available for enforcement according to law and effectively improving the efficiency of enforcement | | 一、坚决依法执结有财产可供执行的案件，切实提高执行到位率。 |
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| 1. All the property owned by an enforcee but the dwelling, daily necessities and living costs necessary for the life of the enforcee and his dependents and other property not allowed to be seized, detained or frozen as set out in laws or judicial interpretations shall be property available for enforcement. | | 1、属于被执行人所有的财产，除法律或司法解释规定的被执行人及其所抚养家属生活所必需的房屋、生活用品、生活费用或其他不得查封、扣押、冻结的财产外，均为可供执行的财产。 |
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| 2. For the ascertained property of an enforcee available for enforcement, the enforcement court shall take corresponding enforcement measures such as seizure, detainment and freeze in a timely manner, and take such enforcement measures as auction, sale and offset of debts with property, in accordance with law. | | 2、执行法院对已查明的被执行人可供执行的财产，应当依法及时采取查封、扣押、冻结等相应的执行措施，并依法采取拍卖、变卖、以物抵债等执行措施。 |
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| 3. Where an enforcee whose whereabouts is unknown has property available for enforcement, the court may directly take enforcement measures on his property. The notice of enforcement shall be served under the relevant legal provisions. | | 3、被执行人下落不明但有财产可供执行的，可以直接对其财产采取执行措施。执行通知书的送达应依照有关法律规定办理。 |
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| 4. Where the property of an enforcee available for enforcement is under the control of any other court or law enforcement body, or over the property, there is any ownership dispute or any other priority pending trial or examination, the court shall submit the case to the court at the next higher level or the relevant department for coordination and handling in accordance with the statutory procedures and shall not close the case. | | 4、被执行人可供执行的财产在其他法院或者其他执法机关的控制之下，或该财产上存有权属争议或其他优先权正在审理或审查之中的，应按照法定程序提请上级法院或有关部门协调处理，不得作结案处理。 |
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| 5. For a case of which the enforcement cannot be concluded during the period of the clear-up of long-pending enforcement cases because the period for assisting in the enforcement or the period for realizing the property is relatively long, the enforcement court shall actively coordinate with the relevant department and strive to conclude the enforcement of the case as soon as possible; the case shall not be closed before the conclusion of the enforcement. | | 5、因协助执行周期或财产变现周期较长、无法在清理积案活动期间执行完毕的案件，执行法院应积极协调有关部门，争取尽快依法执结；在执结之前，不得作结案处理。 |
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| 6. For a case which shall not be enforced during the period of the clear-up of long-pending enforcement cases since it relates to such factors as stability and complaint by letter or visit, the enforcement court shall report the case to the local leading group for the clear-up of long-pending enforcement cases for coordination and settlement; the case shall not be closed before the conclusion of the enforcement. | | 6、因涉及稳定、信访等因素在清理积案活动期间不宜强制执行的案件，执行法院应报请当地清理积案领导小组协调解决；在执结之前，不得作结案处理。 |
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| 7. For a case which is originally labeled as a case with property available for enforcement but turns out to be a case without property available for enforcement after further investigation during the period of the clear-up of long-pending enforcement cases, the case shall be submitted to the court at the next higher level for examination and confirmation. | | 7、原统计为有财产可供执行的案件，在清理积案期间经进一步调查属于无财产可供执行的案件，须报上一级法院审查确认。 |
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| II. The enforcement court shall exhaust all property investigation measures according to law, and notify the enforcement applicant of the investigation results. The court may deem a relevant case as a case without property available for enforcement only after it has actively taken the investigation methods endowed by the law and exhausted all relevant investigation measures on the property status of the enforcee. | | 二、执行法院应依法穷尽财产调查措施，并将调查结果告知申请执行人。只有在积极采取法律赋予的调查手段、穷尽对被执行人财产状况的相关调查措施之后，才可以将有关案件认定为无财产可供执行的案件。 |
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| 1. Where an enforcement applicant cannot provide the property of or the clues to the property of the enforcee, the enforcement court shall require the enforcee to declare his property. | | 1、申请执行人不能提供被执行人的财产或财产线索的，执行法院应当要求被执行人进行财产申报。 |
Where the enforcee declares his property or the enforcement applicant provides the property of or the clues to the property of the enforcee, the enforcement court must conduct investigation and verification, and notify the enforcement applicant of the investigation results. | |
被执行人进行了财产申报，或者申请执行人提供了被执行人的财产或财产线索的，执行法院必须进行调查核实。调查结果应当告知申请执行人。 |
Where it is determined that the enforcee has the capability to perform his obligations according to the relevant clues, but the exact whereabouts of the property cannot be ascertained, the enforcement court may, as the case may be, take such legal measures as recording it in the credit system or releasing information on the enforcee's non-performance of obligations through media.
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如果根据有关线索认定被执行人有履行能力，但无法查到确切财产下落的，执行法院可以根据案件具体情况，采取在征信系统记录、通过媒体公布不履行义务信息等合法措施。
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