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No. 6 of Six Model Cases Involving Giving Full Play to the Functional Roles of Trials and Safeguarding the Property Rights and Lawful Rights and Interests of Entrepreneurs Published by the Supreme People's Court (Second Group): Case of Enforcement Petition Filed by Li Fei (Middle Name Withheld) and Tengfeilong Company (Case of Enforcement Petition Filed by Li Fei (Middle Name Withheld) and Tengfeilong Company))
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最高人民法院发布6起充分发挥审判职能作用保护产权和企业家合法权益典型案例 (第二批)之六：李某飞、腾飞龙公司执行申诉案
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【法宝引证码】
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- Type of Dispute：
Enforcement
- Legal document：
Ruling
- Procedural status：
Enforcement
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No. 6 of Six Model Cases Involving Giving Full Play to the Functional Roles of Trials and Safeguarding the Property Rights and Lawful Rights and Interests of Entrepreneurs Published by the Supreme People's Court (Second Group): Case of Enforcement Petition Filed by Li Fei (Middle Name Withheld) and Tengfeilong Company (Case of Enforcement Petition Filed by Li Fei (Middle Name Withheld) and Tengfeilong Company))
(Case of Enforcement Petition Filed by Li Fei (Middle Name Withheld) and Tengfeilong Company))
最高人民法院发布6起充分发挥审判职能作用保护产权和企业家合法权益典型案例 (第二批)之六：李某飞、腾飞龙公司执行申诉案
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| No. 6 of Six Model Cases Involving Giving Full Play to the Functional Roles of Trials and Safeguarding the Property Rights and Lawful Rights and Interests of Entrepreneurs Published by the Supreme People's Court (Second Group): Case of Enforcement Petition Filed by Li Fei (Middle Name Withheld) and Tengfeilong Company | | 最高人民法院发布6起充分发挥审判职能作用保护产权和企业家合法权益典型案例 (第二批)之六：李某飞、腾飞龙公司执行申诉案 |
| [Typical Significance] | | 【典型意义】 |
In the trial and enforcement, the people's court seizes the buildings and other property by exceeding the standards and does not allow the private enterprise to dispose of the property that is seized by exceeding the standards, which is not conducive to the property owners' giving full play to the property value and infringes upon the lawful rights and interests of the private enterprise. The Opinions on Property Rights specifies that “the system concerning the custody, identification, valuation, auction, and sale of property involved in cases shall be improved to ensure openness, impartiality, regulation, and efficiency.” After the 328 houses involved in this case were seized and evaluated, the private enterprise invovled resumed the construction, resulting in the appreciation of the seized houses. On this ground, the petitioners raised an objection to the enforcement court and requested suspension of the auction, re-evaluation, and removal of seizure of the property seized by exceeding the standards, which had sufficient ground. The Supreme People's Court ruled that the enforcement court should re-examine the cause of action filed by the petitioners, conduct a re-evaluation of the market value of the seized subject matter, and release the seizure of property seized by exceeding the standards. The handling of this case is conducive to promoting and regulating the improvement of the system of identification, valuation, and auction for the property invovled and ensuring that the lawful rights and interests of the person subject to enforcement are not infringed. The handling of this case also has typical guiding value for the value of the subject matter that is sure to be seized in the enforcement in similar cases.
．．．．．． | | 在人民法院审判执行过程中，对建筑物等财产超标的查封，不允许民营企业处分该超标的部分财产的行为，既不利于产权人充分发挥其财产价值，也侵害民营企业的合法权益。《产权意见》要求：“完善案涉财物保管、鉴定、估价、拍卖、变卖制度，做到公开公正和规范高效。”本案中案涉328套房屋被查封、评估后，案涉民营企业进行了复工，使查封的房屋实现了升值。申诉人据此事由向执行法院提起异议，请求中止拍卖，重新评估并解除超标的部分的查封，理据充分。最高人民法院裁定，本案由执行法院重新对申诉人提起的事由进行审查，并根据查封标的物市场价值重新评估，解除超标的查封部分。本案处理有利于推动和规范案涉财物鉴定、估价、拍卖等制度的完善，确保被执行人的合法权益不受侵害。本案的处理，对于在执行中针对确定被查封标的物价值的同类案件具有典型指引价值。
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