Execute the interpretation of legal and judicial interpretation articles

Author: Tang Huade
Publisher:
Publishing Date: 2006-07-01
Features: The effective judgments of the People's Court embody the will of the state and possess determinative force, binding force, and enforcement force. Parties shall conscientiously fulfill their obligations; otherwise, they must accept the compulsory enforcement by the People's Court. Natural persons, legal entities, or other organizations with statutory obligations to assist in enforcement must cooperate with the People's Court in enforcement. In judicial practice, phenomena such as the difficulty in locating the debtor, the difficulty in finding the debtor's assets, the difficulty in securing assistance from enforcers, and the difficulty in mobilizing enforcement targets have severely undermined the judicial authority of the People's Court and damaged the dignity of China's legal system. When the "difficulty in enforcement" reaches its extreme, it evolves into serious social order-threatening phenomena such as violent resistance to the law and violent resistance to enforcement. In light of this, the Central Committee of the Communist Party of China issued the "Notice on Forwarding" (Zhongfa [1999] No. 11) on July 7, 1999, which stated: "Ensuring the People's Court enforces effective legal documents in accordance with the law is an important part of implementing the basic strategy of governing the country according to law and building a socialist rule of law state proposed at the 15th National Congress of the Party, and it is an indispensable condition for safeguarding social credit relations, ensuring the security of commodity transactions, guaranteeing the normal operation of the socialist market economy, and maintaining social stability." The Central Political and Legal Affairs Commission issued the "Notice on Effectively Solving the Difficulty in Enforcement of the People's Court" on December 26, 2005, requiring all levels of Party committees and relevant departments to enhance their awareness and strongly support the People's Court in resolving the "difficulty in enforcement" issue. To address the "difficulty in enforcement," the Supreme People's Court has issued a series of judicial interpretations, including the "Provisions of the Supreme People's Court on Several Issues of the People's Court's Enforcement Work (Trial)," the "Provisions of the Supreme People's Court on Several Issues of the Unified Management of Enforcement Work by Higher People's Courts," the "Provisions on Strengthening and Improving the Work of Entrusted Enforcement," the "Notice on Several Issues Concerning Entrusted Enforcement Across Provinces, Autonomous Regions, and Municipalities Directly Under the Central Government," the "Notice on Prohibiting Seizure, Freezing, and Deduction of Social Security Funds in the Course of Trying and Enforcing Civil and Economic Dispute Cases," the "Notice on the Enforcement of Travel Agency Quality Guarantee Funds," the "Provisions on Several Issues Concerning the Freezing and Auction of State-owned Shares and Social Legal Person Shares of Listed Companies," the "Measures for Disciplinary Actions on the Enforcement Work Discipline of the People's Court (Trial)," the "Notice on Issuing the 'Guidelines on Implementing 23 Specific Measures of Judicialism'" (December 2, 2003), the "Provisions of the People's Court on Seizure, Custody, and Freezing of Property in Civil Enforcement" (January 1, 2005), the "Provisions of the People's Court on Auction and Sale of Property in Civil Enforcement" (January 1, 2005), the "Provisions of the People's Court on the Enforcement of Real Estate with Mortgages" (December 14, 2005), the "Notice on Not Freezing or Transferring the Party Fees of Enterprise Party Organizations as Corporate Property in Compulsory Enforcement" (November 22, 2005), the "Arrangement Between the Mainland and the Macao Special Administrative Region on Mutual Recognition and Enforcement of Civil and Commercial Judgments" (April 1, 2006), and others.
To accurately understand the content of these judicial interpretations and apply them in enforcement practice, we organized colleagues from the Supreme People's Court, the Supreme People's Procuratorate, the Law Committee of the National People's Congress, China University of Political Science and Law, Renmin University of China, and other units to jointly write this series of "China Enforcement Law Theory and Practice." "Interpretation of Provisions of Enforcement Law and Judicial Interpretations" is one of the books in the series. This book takes the "Provisions of the Supreme People's Court on Several Issues of the People's Court's Enforcement Work (Trial)" as the main thread, integrates and systematically organizes the current relevant laws, administrative regulations, and judicial interpretations on enforcement, forming a new, distinct, and organically linked enforcement legal operation standard. It closely connects with judicial application and provides systematic and in-depth interpretive discussions on the aforementioned standards.