Shanghai High People’s Court briefed on special campaign to crack down difficult enforcement

Source:  Hshfy.sh.cn

On Dec. 26, 2016 Shanghai High People’s Court held a press conference, at which Vice President GuoWeiqing announced the periodical achievements of special campaign carried out by shanghai courts this year to crack down difficult enforcement. Han Yaowu, director of enforcement bureau of Shanghai High People’s Court, published the top 10 typical cases entered in the campaign. More than 30 people consisting of reporters from shanghai offices of central news agencieslocal media attended the conference.

According to the briefing, Shanghai High People’s Court identified solving the problem of difficult enforcement as a priority in 2016launched a special campaign to crack down difficult enforcement from April this year, with the objective of "cracking down difficult enforcement to promote the reform of enforcement systemmechanism"the aim to "achieve great success in the first yearresolve difficult enforcement basically within two years, strive to make shanghai as one of the regions with the best enforcement environment and highest enforcement efficiency,let the masses to feel the fairness, justiceauthority of rule by law". Initial results had been achieved after 8 months hard work. fromjan-nov, 2016, shanghai courts accepted 120,200 enforcement cases with a year-on-year growth of 8.7%concluded 117,000 of them with a year-on-year growth of 7.6%. The actual enforcement rate was 62.16% with a year-on-year growth of 6.7%, which would increase to 98.2% after eliminating cases in which no property was available for enforcement. the subject matter of actual enforcement amounted to RMB  63,205,000,000 yuan with a year-on-year growth of 67.1%. Both number of concluded cases, actual enforcement rate and subject matter amount of actual enforcement had increased considerably.

Since the special campaign was launched, shanghai courts had put great efforts on fighting crimes of refusing to satisfy judgment, evasion of enforcement, other outstanding problems that restrictedaffected the enforcement efficiencyresults, which greatly enhanced the deterrence of enforcement. from jan-nov, 2016, shanghai courts rendered 15 judgments on the crime of refusing to satisfy judgment2 judgments on the crime of illegal disposal of confiscated property judicially detained 810 people with a year-on-year growth of 33.2% issued orders on restricting high consumption to 32,000 people, basically the same as last year restricted 2010 people going abroad with a year-on-year growth of 8.9%16,200 people subject to enforcement actively fulfilled the obligations under pressure as stated in the effective judgment, with a year-on-year growth of 36%.

Meanwhile, by promoting the reform of enforcement systemmechanism, boosting the separation of ruling from enforcementclarifying the enforcement adjudication power and enforcement implementation power, shanghai courts took the lead in setting up enforcement adjudication tribunals nationwideestablished specialized enforcement bailiff teams to strengthen the guarantee of enforcement improved the enforcement mechanism, formulatedamended more than 10 regulations including opinions on improving the linking mechanism of case filing, trialenforcement and several opinions on enforcement ability system, etc. to further promote the standardized management of enforcement. 

Moreover, shanghai courts relied on information technology to crack down difficult enforcement through the building of data courtintelligent court. they built a unified "integrated management system of enforcement cases" throughout shanghai to handle the cases more intelligently built a platform for analysis of big data to make the enforcement decision-making more scientificenforcement work more accurate broadeneddeepened the it-based enforcement inquirycontrol to improve the enforcement efficiency set up an "e-ac" for the standardized management of money subject to enforcement to realize "one ac for one person in one case" strengthened the building of enforcement information disclosure platform, made 56 enforcement information points available to the publicsent information on 37 enforcement process nodes to the parties concerned. by the end of November, enforcement information disclosure platform had been visited by 40,500,000 people, i.e. over 22,000 hits/day on average more than 1,250,000 public queries were receivedmore than 1,200,000 short messages were sent to the parties concerned, effectively safeguarding the right to know, right of participation, right of expression and right of supervision of the enforcement applicant.

Top 10 typical cases published at the press conference reflected the initial success of shanghai courts achieved in the special campaign this year, which attracted wide social attention because of large amountlots of people involvedbecause of involvement of peoples livelihood, difficulty in enforcementrepresentativeness. These cases include enforcement of Huang Hao et al. fraudulent fund-raising & illegal business operation case accepted by Shanghai No. 1 Intermediate People’s Court, enforcement of ceb fat finger event case accepted by Shanghai No. 2Intermediate People’s Court, enforcement of Qian Jingjing motor vehicle traffic accident liability dispute accepted by Shanghai ChangningDistrict People’s Court, Cohen International Center Building (shanghai) co., ltd loan contract dispute case accepted by JinganDistrict Peoples Court of Shanghai, enforcement of YangpuAuto Parts Market relocation dispute accepted by YangpuDistrict People’s Court of Shanghai, case involving Wang Junping’s punishment for false litigation that disturbed enforcement accepted by FengxianDistrict People’s Court of Shanghai, enforcement of Shanghai Coatings Co., Ltd vs. Shanghai Wald Automobile Application Technology Co.,Ltd Housing Lease contract dispute accepted by HongkouDistrict People’s Court of Shanghai, Eastern General Aviation Corporation Co., Ltd commission contract dispute accepted by PudongNew Area People’s Court of Shanghai, enforcement of more than 300 people (xu, et al.) vs. Shanghai HongqianMarket Management Co., Ltd Housing Lease contract dispute accepted by Jiading District People’s Court of Shanghai, enforcement of Jinshan District ResourcessocialSecurity Bureau vs. Shanghai JialongPaper Co., Ltd. case involving unpaid wageseconomic compensation accepted by Jinshan District People’s Court of Shanghai.

According to the press conference, the top 10 typical cases could be divided into cases involving enforcement of payment of moneycases involving compulsory relocation obligation, etc. in terms of enforcement contentsdivided into cases involving rapid enforcement according to law to highlight the concept of mandatory enforcementcases involving enforcement under the strategy of “releasing more water to nourish the fish in the pond” in view of enforcement philosophy or divided into cases involving ordinary civil enforcement sanctionscases involving being held criminally responsible for crime of refusing to satisfy judgment in terms of enforcement measures. the successful conclusion of these major casestough cases not only reflected the actual achievements of shanghai courts in optimizing the enforcement systemmechanism, innovating the enforcement measuresfighting against refusal to satisfy judgment, but further manifested their "zero tolerance" attitudedetermination towards evasion of enforcementrefusal to satisfy judgment.