Ren, deputy directors, secretary-general and members:

According to the work arrangement of the Standing Committee of the Municipal People's Congress in 2117 and 2118, with the consent of the directors' meeting, a research group was formed to conduct research on the implementation of the people's courts in our city since 2111 from October 9 to 23, 2117. The research team is led by Wan Xiangnan, deputy director of the Standing Committee of the Municipal People's Congress. The team members are composed of some members of the Standing Committee of the 12th Municipal People's Congress and representatives of the 12th Municipal People's Congress, and the leaders of the Municipal Intermediate People's Court are invited to accompany the research. The research team listened to the report of the Municipal Intermediate People's Court on the implementation of Zhanjiang City Court, consulted 115 party and government organs, enterprises, institutions, social organizations and 56 lawyers, deputies to the National People's Congress and executors in cities and counties (cities, districts) such as the Political and Legal Committee of the Municipal Party Committee, the Municipal Procuratorate, the Supervision Bureau and the Land and Resources Bureau, and held a symposium of some industry associations in March 2118 to further solicit opinions from all walks of life and gain a deeper understanding of the situation. The investigation is now reported as follows:

Main achievements of court enforcement in our city

Since p>2111, people's courts at two levels in our city have focused on the overall situation of reform, development and stability, adhered to the goal of fair justice, set up the concept of law enforcement for the people, carried out the reform of enforcement, actively explored new ways of enforcement, strengthened the management of enforcement, earnestly carried out special activities to centrally clean up and execute cases, and executed a large number of difficult cases, and achieved certain results in enforcement. Through the implementation of activities, the legitimate rights and interests of the parties were protected according to law, the judicial authority was safeguarded, and efforts were made to maintain social stability and promote economic development.

actively promote the reform of the implementation system and carry out the standardization of implementation. According to the new requirements of the enforcement system, at the beginning of 2113, the people's court of our city reformed the enforcement agencies according to the requirements of the Supreme People's Court and the work arrangements of the provincial people's court, and established a working mechanism in which the enforcement power and the enforcement power were exercised separately, so as to prevent the excessive concentration and abuse of the enforcement power and promote the justice of enforcement; Establish a leadership and management mechanism of unified management, unified command and unified coordination in court execution, straighten out the institutional connection and working relationship between the higher and lower courts, and initially form a new pattern of parallel execution of local execution and entrusted execution; Establish a system of designated execution, promotion execution, cross execution and joint execution.

In view of the problems existing in the implementation, the standardized implementation management was clearly put forward, and three implementation normative documents, such as "Implementation Reform and Standardization", were compiled and issued successively, and the city's court standardized implementation work meetings were held many times. By paying close attention to the standardization construction of implementation work, summing up experience and supervising implementation, the performance of implementation work was improved.

in view of the problems existing in the evaluation auction in execution, the reform of entrusted evaluation auction was carried out, centralized management of entrusted evaluation auction was carried out, property evaluation, audit and auction were all handled in one department, and entrusted matters were all selected by the lottery, which played a positive role in ensuring the clean and efficient exercise of execution rights.

Take various enforcement measures and intensify the enforcement work. The problem of "difficult execution" has always been a hot issue that has been strongly reflected by the society, and it is also a difficult point in the work of the court. Under the leadership of the Party Committee and with the support of all parties, the courts in our city have taken various effective measures to settle a number of "long-standing" cases according to law. First, strengthen the leadership of the implementation work, set up a leading group for the implementation work headed by the president, and guide the implementation of special activities such as "implementation competition" and the clearing of funds and materials, and comprehensively clean up the accumulated cases. The second is to strengthen enforcement. In order to solve the problem of overdue execution, the case flow management has been strengthened and the operation speed of each case handling link has been accelerated; In order to eliminate the interference of local protectionism, a number of long-standing cases have been solved through the implementation of escalation, cross-execution and designated execution. Third, actively explore effective enforcement methods. In view of the current difficulties such as the large number of cases to be executed, the difficulty in finding the executed person, the difficulty in finding the executed property, the difficulty in assisting the executed person, and the difficulty in moving the property to be executed, we will intensify enforcement, and urge the executed person to fulfill the effective judgment according to law through measures such as publishing the list of "deadbeats" in the news media and restricting high consumption of deadbeats. Fourth, emphasize civilized execution, attach importance to the social effect of execution, strengthen mediation, strive to form a good working atmosphere that attaches importance to mediation, communicate with the parties in the process of execution, do a good job in the ideological work of the person being executed, urge the parties to voluntarily fulfill their obligations or reach a settlement agreement, strive to resolve social contradictions and create a harmonious law enforcement environment.

strengthen team building and management, and improve the quality of police officers. In view of the low quality of the executive team and the existing disciplinary style, the court of our city used the opportunity of institutional reform to optimize the team structure, actively carry out the education and rectification of the executive team and strengthen the construction of the executive team. In recent years, a series of study and education activities have been organized, such as the education and rectification of the executive team and the year of work style construction, which have improved the overall political and ideological quality of the executive police. In order to improve the professional quality of the team, newly-issued training courses on law and judicial interpretation are held, and legal experts are invited to explain the newly-implemented laws. Some grass-roots courts have formulated a system of holding weekly execution work analysis meetings, and the leaders and judges of the hospital take turns to introduce the experience and lessons of execution work, analyze cases, and implement training instead of meeting to improve the professional quality of enforcement police officers. At the same time, a supervision and restriction mechanism for implementation has been established to strengthen the supervision and management of the implementation team.

Problems and difficulties in enforcement work

First, the quality of the enforcement team is not high, and the foundation of enforcement work needs to be consolidated

-the legal professional level of enforcement judges is uneven. The law awareness of some court enforcement judges is still not strong, and a few police officers have low academic qualifications, low legal professional quality and poor case handling ability, which cannot meet the needs of current enforcement work. Some police officers lack the art of execution, the method is simple, the measures are not timely, and the opportunity is not accurately grasped, resulting in some cases failing to achieve the best execution effect. Individual courts even misappropriate and occupy funds and materials for execution, which harms the interests of the parties. In recent years, three court leaders in our city have been punished for misappropriating execution funds or informed criticism, a superior court. Some law enforcement police officers sometimes pay more attention to substantive enforcement than legal procedures, and do not strictly follow the legal procedures, which has artificially caused some cases to be unenforceable for a long time. Some enforcement police officers arbitrarily add people to be executed and arbitrarily handle the execution objections raised by the parties. The phenomenon of long delay and negative execution is still prominent, and the suspension of execution is arbitrary. The records of some cases are incomplete, causing unnecessary disputes. Some executive judges overemphasized the burden of proof of creditors' property and neglected the court's duty of actively investigating and controlling property, and the measures were not taken in time. In order to pursue a high settlement rate, some enforcement judges arbitrarily suspend execution without exhausting enforcement measures. Other courts have given in to the long-delayed "bone case" and "nail case", or have a fear of difficulties, and let it go. In addition, there are still some problems in the implementation, such as irregular seizure, excessive seizure and freezing. In some places, the masses have a strong reaction to the phenomenon of "difficult implementation and chaotic implementation" and have more grievances.

—— The work style of the executive team needs to be improved. Some judges do not have a strong sense of fair execution, their style of work is not correct, they lack a sense of responsibility, and the execution of cases is delayed and inefficient, so that some cases that can be completely executed cannot be executed. The bad styles of individual executive judges, such as playing privilege and attitude towards the parties and the masses, are still difficult to get in, ugly face, ugly words and difficult things. Some judges are not disciplined, and information about enforcement actions is leaked occasionally. Some judges use their power to handle "personal cases", "money cases" and "relationship cases". The illegal execution that should not be executed or should not be executed damages the legitimate rights and interests of the parties and seriously affects the authority and fair image of the court. Some judges failed to communicate and coordinate well in the execution of cases. For example, in the case of xuwen county Nanshan Town Government defaulting on the execution of project funds, Xuwen Court sealed up and auctioned six pavements in October 2111, and the transaction price was enough to repay the debts owed. In 2112, the case was upgraded to the City Intermediate People's Court for execution. Without handling the property auctioned by Xuwen Court, the executive judge ruled that 136 mu of shrimp pond of Nanshan Town Government should be sealed up, and it should not be transferred, mortgaged, leased or donated, and the auction should be evaluated. In 2114, it was confirmed that the auction of six pavements by Xuwen Court was valid, and the relevant departments were required to handle the relevant warrants for the buyer, resulting in serious losses for the executed person. In recent years, the number of letters and visits about unfair trial accepted by people's congresses at all levels has dropped significantly, but the number of letters and visits complaining about court enforcement is still large. The difficulty in implementation is still the focus of attention from all walks of life.

-lack of cooperation between trial and execution. Some execution cases fall into execution dilemma because of the low quality of trial and the weak consciousness of cooperation between trial and execution of judges. In some cases, the quality of legal documents in the trial stage is not high, and there are problems in the judgment expression, which brings uncertain factors to the execution, which makes it impossible or difficult to execute; In some cases, the trial is divorced from the execution, which makes the execution difficult. If the preservation measures are not effective at the stage of filing and trial, and the measures that need to be sealed up, detained and frozen first are not taken in time, the opportunity for implementation is missed; Although some cases were preserved, they were not strictly handled according to legal procedures, resulting in the sale of the preserved property and losses to the parties; In some cases, because the judges gave irresponsible answers when consulting the relevant questions with effective legal documents, the cases that should have been fulfilled soon could not be executed, which caused the parties to be too emotional and repeatedly petitioned.

-internal supervision and management need to be strengthened. The executive boards of the courts in our city have set up institutions to execute the ruling and the enforcement agencies, and have also formulated corresponding regulations, systems and methods. However, it lacks depth and strength in concrete implementation and fails to give full play to the role of mutual restraint and supervision. The lack of punishment mechanism and internal supervision of the enforcement judges in cases of illegal execution can not play the due warning and supervision role for other enforcement police officers. There are still weak links in the internal management of court execution. First, the transparency of case execution is not high. In the process of case execution, the applicants can't know the execution progress in time, especially in many cases of the same person being executed, different applicants can't know the distribution of the money and materials to be executed, and some people who apply for execution first get execution, while those who apply for execution first get execution later or even fail to get execution, which makes the parties doubt the credibility of the court. Although some cases are settled, the parties concerned are not informed for a long time, and sometimes the money and things that have been executed in place cannot be paid in full to the applicant for execution in time. Second, the internal assessment mechanism of the court is not scientific enough, and the higher courts unilaterally assess the high completion rate. As a result, all the suspended cases that have not been completed and the cases that do not meet the termination conditions stipulated by law are counted in the total number of closed cases, resulting in puzzling phenomena. On the one hand, the backlog of execution remains high, and the satisfaction rate of the masses is not high. On the other hand, the completion rate counted and summarized by the courts is as high as over 81%. As a result, the court pays attention to the superficial implementation rate and ignores the actual effect of implementation. Third, the internal supervision mechanism of the court is not perfect. For example, the management and supervision of sealed-up and detained goods are not in place, which still leads to the property damage of relevant personnel. In recent years, despite the court's efforts to strengthen the construction of the enforcement team, the phenomenon of violation of law and discipline among the enforcement judges is still prominent, and some judges have even embarked on the road of crime. Chen Guohua, a judge of Mazhang District Court, has absconded with huge sums of money so far, causing bad influence.

second, the judicial environment is not good, and there are many obstacles in the implementation

-the laws and regulations are not perfect, which restricts the implementation. At present, there is no civil enforcement law in China, and some legal provisions on enforcement are too general, with limited maneuverability and lack of flexibility. The judicial interpretation of the Supreme People's Court is not timely enough, and many new problems in the implementation work can not be relied upon, and some still have contradictions and conflicts, which are difficult to adapt to in the implementation process; Laws and regulations have no clear and uniform provisions on the setting of executing agencies, the allocation and responsibilities of executing personnel, and the relief and supervision of execution, and they lack foresight on the possible problems of the executed person, assisting the executor and some links in the execution procedure, and lack legal binding force. In particular, laws and judicial interpretations lack the necessary coercive means to crack down on the executed person who does not voluntarily perform the judgment or even evade execution. This is an important institutional reason for the difficulty in implementation.

-departmental rules and normative documents conflict with legal provisions, and there are misunderstandings in their application. The evaluation of auction, especially the evaluation of auction of state-owned assets, is seriously restricted by administrative power. According to the law, the assisting execution unit can't carry out substantive examination on the content of assisting execution, but in the actual execution process, it does the opposite and requires the court to deal with the execution property according to the provisions of local normative documents. For example, the Guangdong provincial government document stipulates that the transfer of state-owned land must be auctioned by the local land trading center before the transfer formalities can be completed. The local government also requires the court to hand over the executed land to the land department for auction. If the court does not implement this document, the land auctioned by the court according to law cannot be transferred, which not only affects the authority of the law but also cannot protect the legitimate rights and interests of bidders.

-the social awareness of abiding by the law is not strong, and it is difficult to carry out the implementation work. The social credit system and the open market system have not been fully established, the debtor's assets are opaque, and it is difficult to carry out the investigation. The refusal to perform the debt has not been adversely evaluated by society, and it is not bound by society. It is difficult to fundamentally change the implementation work only by the court alone. Some of the executed persons have the idea of "being in debt is reasonable" and "being in debt is beneficial", and they delay the debts they owe, rely on them, and lack credibility. Some of the persons subjected to execution have the ability to perform the judgment but maliciously evade the debts. They try their best to transfer, conceal, disperse the property or leave the country by various means, and go out for a long time to avoid the debts. Their whereabouts are unknown, and the court can neither find the person subjected to execution nor find the property available for execution. Even if they want to take compulsory measures, they can't implement it, which greatly increases the difficulty of execution. Confrontation with the law is on the rise. Some people who are executed openly flout the judgment of the law, resist the enforcement of the court, abuse, besiege and beat the enforcement judge, and even instigate and incite people who don't know the truth to petition collectively, deliberately create troubles to resist the implementation of the law, and violent anti-law incidents occasionally occur. A considerable number of people in society neither stop nor condemn the act of resisting execution, but to a certain extent, they connive at it, which makes the act of the executed person against the law have a social basis and makes the executed person more fearless, which makes the execution difficult. For example, when the xuwen county People's Court executed Li's case, it took compulsory measures to take the executed person Li back to the Qujie court. The relatives of the executed person not only besieged and beat the executed police officers, causing the executed person to escape, but also gathered many people to attack the Qujie court, smashing office supplies such as desks and police mirrors, and smashing the brand of the Qujie court. A judge was besieged and beaten three times in a month while performing official duties in the Qujie court, which had a bad social impact. Especially involving administrative institutions, bankruptcy of state-owned enterprises, traffic accident compensation, criminal incidental civil compensation, etc., it is difficult to implement. From 2111 to September 2117, among the cases executed in the City Intermediate People's Court, there were ***118 cases involving administrative institutions as executors, only 27 cases were settled, with a settlement rate of only 25%, and there were ***692 cases involving state-owned enterprises as executors, only 115 cases were settled, with a settlement rate of 16.6%, involving 181 cases of criminal incidental civil execution.