Fafa (2020) No. 16

Supreme People's Court

Issued the "Regarding Properly Handling the New Coronary Pneumonia Epidemic According to Law

Notice of Guiding Opinions on Several Issues in Enforcement Cases

　　The Higher People’s Courts of all provinces, autonomous regions, and municipalities directly under the Central Government, the Military Court of the People’s Liberation Army, and the Production and Construction Corps Branch of the Higher People’s Court of Xinjiang Uygur Autonomous Region:

　　The Guiding Opinions of the Supreme People’s Court on Several Issues Concerning the Proper Handling of Enforcement Cases Involving the New Coronary Pneumonia Epidemic Situation are hereby printed and distributed to you, please implement them carefully.

　　Supreme People's Court

　　May 13, 2020

Supreme People's Court

About handling the new crown pneumonia epidemic in accordance with the law

Guiding opinions on several issues in enforcement cases

　　In order to implement the spirit of the Party Central Committee’s meeting on coordinating and advancing the prevention and control of the new crown pneumonia epidemic and economic and social development work, properly handle cases involving the new crown pneumonia epidemic in accordance with the law, safeguard the legitimate rights and interests of the people, maintain social and economic order, and maintain social justice The relevant provisions of the law and judicial interpretation, combined with the actual implementation of the work, put forward the following guiding opinions.

　　1. Give full play to the service guarantee role of execution. People's courts at all levels must fully understand the major impact of the epidemic on the economy and society, based on overall planning to promote the prevention and control of the epidemic and the overall situation of economic and social development, make full use of the results of the "basic resolution of implementation difficulties", and effectively give play to the "unified management and unified command" , The role of unified coordination" working mechanism, smoothly and orderly advance the implementation work. If the person subject to enforcement has the ability to perform and has the conditions for compulsory enforcement, it is necessary to continue to increase enforcement and protect the legitimate rights and interests of successful parties, especially those who have difficulties in production and life due to the impact of the epidemic. In the process of handling enforcement cases involving the epidemic, we must accurately understand and apply the law, further highlight the concept of good faith and civilized enforcement, and prudently adopt enforcement measures in accordance with the law, balance and coordinate the interests of all parties, and protect the legitimate rights and interests of successful parties in accordance with the law, while minimizing the reduction The impact on the rights and interests of the person subject to enforcement, actively guide the parties to resolve conflicts and disputes through reconciliation, and provide powerful judicial services and guarantees for the overall promotion of economic and social development.

　　2. Suspension of the time limit for applying for enforcement according to law During the last six months of the application for enforcement statute of limitations, if the right of claim cannot be exercised due to the epidemic or epidemic prevention and control measures, the creditor shall comply with the Interpretation of the Supreme People’s Court on Several Issues Concerning the Application of the Implementation Procedure of the Civil Procedure Law of the People’s Republic of China. Article 7 provides that the people's court shall support the application for suspension of the enforcement statute of limitations.

　　3. Accurately grasp the legal boundaries of seizure measures. Resolutely prohibit the seizures exceeding the standard, strictly prohibit illegal seizures of the property of persons outside the case, unblock the relief channels for property investigation and control, increase supervision, and effectively prevent illegal enforcement or excessive enforcement measures that affect the utility of enterprise property and normal operation of the enterprise. Do a good job in the connection between trial procedures and enforcement procedures. People's courts must intensify their review of applications for property preservation when trying civil cases involving epidemics. Partial preservation applications that clearly exceed the scope of the litigation request are not supported in accordance with the law. If a party applies for preservation by maliciously raising the subject matter of the litigation, etc., which causes losses to the opposing party, the opposing party may file a lawsuit for the losses suffered.

　　The people's courts shall choose appropriate seizure measures for persons subject to enforcement whose production and life are difficult due to the impact of the epidemic, without affecting the realization of the creditor's rights. If the person subject to execution has multiple assets available for execution, he shall choose the property that has less impact on his production and life and is convenient for execution. The property that can be "live sealed" shall not be "dead sealed". If the seizure of production materials such as factory buildings, machinery and equipment, and the continued use by the person subject to execution does not have a significant impact on the value of the property, the continued use shall be permitted. If the person subject to enforcement applies for the use of seized property financing to pay off debts, with the consent of the enforcement creditor or the financing amount is sufficient to pay off all enforcement debts, it may supervise the financing within the specified time limit. If the person subject to execution is sealed up for a project under construction, in principle, he should be allowed to continue construction. If the person subject to enforcement is building a commercial house or an existing house, he may be supervised to sell his house at a reasonable price within a specified period, provided that he can control the corresponding price. When freezing the deposit in the bank account of the person subject to enforcement, the specific amount shall be specified, and the circulation of funds outside the freezing and the use of the account shall not be affected.

　　4. Effectively prevent execution property from being disposed of at a low price. Give full play to the advantages of open and transparent online judicial auctions, low cost, high efficiency, and less impact by the epidemic, speed up the property price change process, reduce price change costs, and provide a strong guarantee for the implementation of creditors to return funds in a timely manner, reduce the pressure on capital turnover, and resume production and operation activities. To conduct online judicial auctions during the epidemic, it is also necessary to properly consider the impact of the epidemic and the actual situation of the property, and grasp the auction timing to effectively maximize the realizable value of the property. If the person subject to enforcement has sufficient evidence to prove that auctions during the epidemic will seriously degrade the value of their property, and the people’s court may approve the application for suspension or suspension of the auction. During the auction process, the status quo of the property shall be disclosed in a timely and objective manner, and the role of online auction platforms and auction auxiliary agencies shall be fully utilized to promote the auction property online to attract more market entities to participate in the bidding. For properties with a relatively large property value and a low degree of participation in the auction, an appropriate and relaxed period for payment of the auction price can be determined.

　　For some properties with a high degree of specialization and a narrow market audience, without affecting the realization of the creditor's rights, the enforcee can be allowed to repay debts by means of self-sale and financing through its own professional advantages and channels. If the person subject to enforcement believes that the online inquiry or appraisal price is too low, and applies for self-sale of the seized property at a price not lower than the online inquiry or appraisal to pay off debts, the people’s court may supervise it within the specified time limit if the people’s court finds that it does not damage the rights and interests of the enforcement creditor Sell off. After the second false auction of the online judicial auction, if the person subject to execution proposes to raise funds at the false auction price, the people’s court may consider the basic situation of the auctioned property, the degree of difference between the false auction price and the market price and other factors, and consider it as appropriate; if financing is approved, temporarily The procedures for repayment of debts in goods or compulsory sales shall not be initiated.

　　Fifth, implement the policy of reducing or exempting rent during the epidemic period in accordance with the law. The people's court may enforce enforcement of the rent claims of the person subject to enforcement. After freezing the rent claims of the person subject to enforcement, if the lessee raises an objection within the statutory time limit, in accordance with the relevant judicial interpretation, the people's court shall not enforce enforcement of the objected rent. The lessee has no objection to the amount of the original rent claims, but after the statutory period has expired, in accordance with the relevant policies and regulations on rent reduction or exemption for small and medium-sized enterprises and individual industrial and commercial households that lease state-owned commercial houses during the epidemic, the people's court raised an objection to the reduction or exemption of rent. If it is true, it should be supported; small, medium and micro enterprises and individual industrial and commercial households that rent non-state-owned commercial houses raise objections on the grounds that they have reached an agreement with the person to be enforced on rent reduction and exemption during the epidemic period, and request that the rent of the objection part is not compulsory If the people’s court finds that the rent reduction or exemption agreement is true and effective after review, it should be supported.

　　For public-stakeholder enforcement cases of small, medium and micro enterprises and individual industrial and commercial households that have been greatly affected by the epidemic, the people's courts should give full play to the role of the diversified dispute resolution mechanism, formulate reasonable work plans based on the actual conditions of both parties, and properly handle them in accordance with the law Contradictions and disputes arising from such cases.

　　6. Strengthen the application and implementation of the reconciliation system. If the person subject to execution is affected by the epidemic and has difficulties in production and life and is unable to perform the obligations determined in effective legal documents in a timely manner, the people's court shall actively guide the parties to negotiate a settlement, and create convenient conditions for the person subject to execution to relieve debt pressure and resume normal production and life. If the parties have reached a settlement before the outbreak of the epidemic, and it is true that the epidemic or epidemic prevention and control measures directly lead to the failure to perform according to the time limit specified in the settlement agreement, the people's court will not support the application for the restoration of the original effective legal document based on this application, but the parties have different Except as agreed; if the settlement agreement cannot be fulfilled or the purpose of the settlement agreement cannot be realized due to delay in performance, the execution shall be resumed in a timely manner.

　　7. Accurate application of punishments for dishonesty and consumption restrictions. Effectively play the role of punishment for dishonesty and consumption restriction measures, focus on cracking down on illegal and dishonest behaviors such as evasion of execution and resistance to execution, and further promote the construction of the national credit system and the improvement of the business environment. Establish and improve the classification and classification mechanism of punishment, accurately grasp the applicable conditions of punishment for untrustworthiness and consumption restriction measures, and continue to promote the transformation of punishment measures in the direction of refinement and precision. During the epidemic, companies that have been included in the list of national or local key protection companies for epidemic prevention and control determined by the development and reform, industry and information technology departments, in principle, shall not take measures to punish dishonesty and restrict consumption; have taken and hindered epidemic prevention and control work If it is not, it shall be cancelled in time and the relevant situation shall be explained to the person applying for execution. If an epidemic prevention and control enterprise that is not included in the list of key guarantee enterprises adopts measures to punish untrustworthiness and restrict consumption, it may refer to the foregoing regulations according to the specific circumstances. For enterprises that are greatly affected by the epidemic and have temporary operating difficulties, especially small, medium and micro enterprises, the people's courts shall, in principle, grant a grace period of three months before taking measures to punish dishonesty or restrict consumption in accordance with the law.

　　Improve and improve the credit restoration mechanism. If the information on the untrustworthy list should be deleted or revoked in accordance with the law, the deletion or cancellation measures should be taken in a timely manner. If information on the untrustworthy list is deleted or revoked in accordance with the law, and the person subject to execution is required to provide a credit restoration certificate due to job hunting, borrowing, etc., the people's court may issue relevant certification materials on the deletion or cancellation upon application by the person subject to execution. If enterprises subject to enforcement, especially small, medium and micro enterprises, that are greatly affected by the epidemic, apply for the temporary removal of sanctions for dishonesty due to the need to resume work and resume production, the people's court shall actively communicate with the applicant for enforcement, and promptly remove it after obtaining their consent.

　　8. Reasonably reduce or exempt the interest on the doubling of the debt of the person subject to enforcement. The person subject to enforcement applied for a reduction or exemption of the interest on the doubled part of the debt during the corresponding period specified in Article 253 of the Civil Procedure Law of the People’s Republic of China on the grounds that the epidemic or epidemic prevention and control measures directly caused him to fail to perform his obligations. If the review is true, it shall be supported; if the person subject to execution applies for the reduction or exemption of the general debt interest determined by the effective legal document, it shall not be supported, unless the person applying for execution agrees.

　　9. Give full play to the protective functions of the bankruptcy reconciliation and reorganization system. In the case of a large number of enforcement creditors, especially in cases where multiple enforcement creditors are applying for the distribution of case funds, and the company being enforced cannot pay off all enforcement debts due to production and operation difficulties due to the impact of the epidemic, the people’s court must actively guide the parties to negotiate and conduct legal services. The executed enterprise relieves the debt pressure and resumes production and operation to create conditions; if multiple cases are under the jurisdiction of different courts, the higher court shall strengthen overall coordination and coordinate the case for centralized handling through methods such as upgraded execution and designated execution, and strive to facilitate the parties to reach an agreement A "package" agreement to resolve debt. If the parties fail to reach an agreement and the case meets the conditions for transfer to bankruptcy review, and the bankruptcy settlement or reorganization can help the enterprise to be executed to resume operations, the people's court shall further strengthen the coordination and cooperation of the initiation and execution, smooth the channels for the transfer of bankruptcy, and give full play to the bankruptcy settlement And the protection function of the bankruptcy and reorganization system to help companies get out of trouble in time. In the process of enforcement, the people's court must strictly prevent the enterprise being enforced from evading debts through bankruptcy procedures, and protect the lawful rights and interests of enforcement creditors in accordance with the law.

　　10. Make full use of information technology to promote implementation. Make full use of the construction results of "smart courts", especially the implementation information system supported by modern information technology, strengthen the supervision and management of the execution of lower courts by higher courts, improve execution efficiency, reduce execution costs, increase execution effects, and reduce negative effects , To avoid triggering new conflicts and disputes. Give priority to online enforcement measures such as online investigation and control, online inquiry, online judicial auction, online receipt and delivery of case funds in accordance with the law, and actively carry out online case registration, inquiries and conversations, implementation of reconciliation, appeals, letters and visits, implementation assistance, etc., to fully satisfy the people The judicial needs to ensure the smooth and orderly operation of the people’s courts during the epidemic.

Reprinted source: Supreme People's Court