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Decision of the Standing Committee of the Shenzhen Municipal People's Congress on Several Issues Concerning Strengthening the Civil Execution of the People's Court (2019 Amendment) [Effective]
深圳市人民代表大会常务委员会关于加强人民法院民事执行工作若干问题的决定(2019修正) [现行有效]
【法宝引证码】

Decision of the Standing Committee of the Shenzhen Municipal People's Congress on Several Issues Concerning Strengthening the Civil Execution of the People's Court 

深圳市人民代表大会常务委员会关于加强人民法院民事执行工作若干问题的决定

(Adopted at the Eleventh Session of the Standing Committee of the Fourth Shenzhen Municipal People's Congress on March 13, 2007, and amended according to the Decision to Amend 29 Laws and Regulations Including the Regulation of the Shenzhen Special Economic Zone on Talents-related Work adopted at the 35th Session of the Standing Committee of the Sixth Shenzhen Municipal People's Congress on August 29, 2019) (2007年3月13日深圳市第四届人民代表大会常务委员会第十一次会议通过 根据2019年8月29日深圳市第六届人民代表大会常务委员会第三十五次会议《关于修改〈深圳经济特区人才工作条例〉等二十九项法规的决定》修正)

For the purposes of strengthening the civil execution of the people's courts of this city, protecting the legitimate rights and interests of the parties concerned, and safeguarding the authority of law, the following decision is hereby made according to the relevant laws and regulations and in light of this city's realities. 为了加强我市人民法院的民事执行工作,保障当事人的合法权益,维护法律权威,根据有关法律、法规,结合我市实际,特作出如下决定。
Article 1 When carrying out civil execution, the people's court shall adhere to the principles of executing according to law, being open and fair, rendering convenience to the people and achieving high efficiency, and accepting supervision.   第一条 人民法院的民事执行工作应当坚持依法执行、公开公正、便民高效、接受监督的原则。
Citizens, legal persons and other organizations shall take the initiative to perform the obligations as specified in legally effective civil judgments or rulings or in other legal instruments executed by the people's court according to law (hereinafter referred to as effective legal instruments). 公民、法人和其他组织应当主动履行已经发生法律效力的民事判决、裁定或者其他依法由人民法院执行的法律文书(以下简称生效法律文书)确定的各项义务。
Entities and individuals that are under an obligation to assist in execution (hereinafter referred to as obligors liable for assistance in execution) shall perform their obligations to assist the people's courts in civil execution in a comprehensive and timely manner. 依法负有协助执行义务的单位和个人(以下简称协助执行义务人),应当全面、及时履行协助人民法院民事执行工作的义务。
Article 2 The system of property declaration for the party against a judgment is sought shall be implemented.   第二条 实施被执行人财产申报制度。
After accepting a civil execution case, the people's court shall, when issuing the execution notice to the party against whom the judgment is sought, serve a ruling in writing on property declaration along with the execution notice as needed. The party against whom the judgment is sought shall, as required, truthfully declare the related property to the people's court. The scope of property declared by the party against whom the judgment is sought shall be limited to the extent that the creditor's right is sufficient for compensation as determined in the effective legal instrument. 人民法院受理民事执行案件后,在向被执行人发出执行通知书时,应当根据需要一并送达申报财产裁定书。被执行人应当按照规定如实向人民法院申报有关财产状况。被执行人申报财产的范围以生效法律文书确定的债权足够受偿为限。
If an applicant for execution considers that there is any false statement in the property declaration of the party against whom the judgment is sought, the applicant may apply for holding a hearing into the property declaration. The people's court shall, according to relevant provisions, decide whether to hold a hearing. 申请执行人认为被执行人的财产申报存在虚假情况的,可以申请举行申报财产听证。人民法院应当按照有关规定决定是否举行听证。
Article 3 The system of offering rewards for tip-offs on the property of a party against whom the judgment is sought shall be implemented.   第三条 实施被执行人财产悬赏举报制度。
If a party against whom the judgment is sought falls under any of the following situations, the applicant for execution may apply in writing to the people's court for offering rewards for a tip-off on the property of the party against whom the judgment is sought: 被执行人有下列情形之一的,申请执行人可以向人民法院书面申请悬赏举报被执行人财产:
(1) Failing to declare the property as required; (一)未按照规定申报财产;
(2) Declaring no property; (二)申报无财产;
(3) The declared property is insufficient to pay off debts; and (三)申报的财产不足以清偿债务;
(4) A transfer of property designed to avoid payment of debts. (四)为了逃避债务履行而转移财产。
The public notice of offering rewards for tip-offs shall be published at the places and news media designated by the people's court. The people's court shall keep informants secret. 悬赏举报的公告应当在人民法院指定的场所、新闻媒体发布。人民法院应当为举报人保守秘密。
Article 4 The system of entering execution information into the credit reference system shall be implemented.   第四条 实施执行信息录入信用征信系统制度。
If a party against whom the judgment is sought does not perform the obligations as prescribed in the effective legal instrument, the people's court shall, in a timely manner, order the relevant organizations to enter the basic information about the party against whom the judgment is sought into the enterprise or individual credit reference system for inquiry and reference of relevant entities or individuals. After the party against whom the judgment is sought has performed the obligations, the people's court shall, in a timely manner, order the relevant organizations to modify the relevant information. 被执行人不履行生效法律文书确定义务的,人民法院应当及时将被执行人的基本信息通知相关机构录入企业或者个人信用征信系统,供有关单位和个人查询、参考。被执行人履行义务之后,人民法院应当及时通知相关机构变更有关信息。
Before the parties against whom the judgment is sought and their legal representatives or persons in charge who have been entered into the enterprise or individual credit reference system perform their obligations, the government and the relevant departments shall not accept their applications for being appraised as outstanding and advanced enterprises or individuals, shall not grant them the relevant honorary titles, shall not be entitled to the relevant preferential policies of this municipality. The preferential policies that they have enjoyed shall be terminated. 录入企业或者个人信用征信系统的被执行人及其法定代表人或者负责人,在履行义务前,政府及有关部门不得受理其在经营方面的评优评先申请;不得授予其相关荣誉称号;不得给予其享受本市有关优惠政策,已经享有的优惠政策,应当予以终止。
Article 5 The system of exposing the execution information on the parties against whom the judgment is sought shall be implemented.   第五条 实施被执行人执行信息曝光制度。
The people's court may, through news media and other channels, publish the names of the parties against whom the judgment is sought who refuse to perform the obligations specified in the effective legal instrument or the names of their employers, legal representatives, persons in charge, and the related information. 人民法院可以通过新闻媒体等途径,将不履行生效法律文书确定义务的被执行人姓名或者其单位名称、法定代表人、责人姓名及相关信息向社会公布。
Article 6 The system of restricting the parties against whom the judgment is sought from undertaking government-invested projects shall be implemented.   第六条 实施限制被执行人承接政府投资项目制度。
If a party against whom the judgment is sought does not perform the obligations prescribed in an effective legal instrument, it or he shall not undertake government-invested projects. An entity in charge of government-invested projects shall, according to the judicial recommendations of the people's court, restrict the parties against whom the judgment is sought from undertaking government-invested projects. 被执行人不履行生效法律文书确定义务的,不得承接政府投资项目。政府投资项目主管单位应当根据人民法院的司法建议,限制被执行人承接政府投资项目。
Article 7 The system of restricting the parties against whom the judgment is sought from leaving the country shall be implemented.   第七条 实施限制被执行人出境制度。
If a party against whom the judgment is sought does not perform the obligations prescribed in an effective legal instrument, and restricting the party from leaving the country is required, the people's court shall issue a notice of assistance in execution according to the relevant provisions to the exit-entry administration division of the public security authority, ordering the aforesaid department to cease the handling of exit formalities for the party against whom the judgment is sought or his legal representative, person in charge or persons directly responsible for affecting the performance of debts. The exit-entry administration division of the public security authority shall provide timely assistance according to law. 被执行人不履行生效法律文书确定义务,需要限制其出境的,人民法院应当按照有关规定向公安机关出入境管理机构发出协助执行通知书,要求停止办理被执行人或者其法定代表人、负责人、影响债务履行的直接责任人员的出境手续。公安机关出入境管理机构应当依法及时予以协助。
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