In order to further improve the quality and efficiency of the implementation work and earnestly safeguard the legitimate rights and interests of the parties concerned, the Jiangsu High Court recently issued the opinion on strengthening the handling of supervision cases of implementation and supervision, and further standardized the handling of supervision cases of implementation and supervision.
10 cases that can apply for supervision and enforcement
If the complainant believes that the enforcement court has one of the following circumstances and applies to the people's court at the next higher level to urge the enforcement, it falls within the scope of accepting cases of supervision over enforcement:
(1) At the time of filing the case for execution, the person subjected to execution had property available for execution, and the execution court failed to complete the execution of the property for more than six months from the date of filing the case without justified reasons;
(2) In the course of execution, if the person subjected to execution is found to have property available for execution, the execution court has not completed the execution of the property for more than six months from the date of discovery of the property without justified reasons;
(3) The enforcement court fails to take corresponding enforcement measures in accordance with the law for more than six months without justifiable reasons since the date of filing the case in respect of the implementation of the acts and obligations defined in the legal documents;
(4) Should have taken disciplinary measures against the person subjected to execution but failed to do so;
(5) The execution funds should be released within the specified time limit but have not been released;
(6) In case of emergency, failure to implement immediately will cause irreparable damage to the legitimate rights and interests of the complainant;
(7) Close the execution procedure by terminating the execution case in violation of regulations;
(8) The execution of a case shall be resumed, and the execution court shall not file the case to resume execution;
(9) Ignore and refuse to reply to the reasonable demands of the person applying for enforcement;
(10) Other circumstances that should be put on file for supervision.
The appellant believes that the basic people's court has the above situation and applies for supervising the implementation. If the higher people's court deems it necessary, it can directly file a case for supervision.
Six materials to be submitted for application for supervision and implementation
If the complainant submits the following materials to urge the implementation, the people's court shall accept the case:
(1) Complaint (stating the request and reasons);
(2) Identification of the complainant. If the complainant is a natural person, the identity certificate shall be submitted; If the complainant is a legal person or an unincorporated organization, it shall submit its business license, organization code certificate and the identity certificate of the legal representative or person in charge. In case of entrusting others to appeal on behalf, the power of attorney and the identity certificate of the agent shall be submitted;
(3) Copies of effective legal documents for enforcement;
(4) List of evidence and evidence materials;
(5) Confirmation of address for service of legal documents and contact information;
(6) If the people's court at the next higher level of the enforcement court has implemented supervision, a copy of the legal document of the case of enforcement supervision shall be provided.
If the complainant fails to submit the complaint materials in accordance with the above provisions, the enforcement agency shall inform the complainant to make up within 10 days. If the appellant fails to supplement the materials within the time limit, but the appellant puts forward a reasonable reason to request an extension of time to supplement the materials, the materials will be handed over to the filing department for registration and filing after they are supplemented.
The case of supervision over execution shall be examined by a collegial panel formed by the executing agency according to law. Within 10 days after the case is filed, the complainant shall be served with legal documents such as the notice of acceptance of the enforcement supervision case filing, the notice of the collegial panel members, and the enforcement court shall be notified in writing.
In case of any of the following circumstances, the complainant shall be informed in writing or orally not to file the case after being approved by the head of the enforcement agency:
(1) The complainant is not a party to the case or an interested party, and has not provided the entrusted agency procedures issued by the party to the case or an interested party;
(2) The appeal has been rejected after the review of the supervision procedure, and no new facts and evidence have been provided, and the same request has been appealed to the same court again;
(3) The Court has filed and reviewed the supervision application submitted by the complainant with the same request and reason and has not yet closed the case;
(4) The complainant appeals again after the application for withdrawal of the appeal is allowed, except for the circumstances specified in Items 1, 3, 12, and 13 of Article 211 of the Civil Procedure Law;
(5) The complainant has reported that the petition has ended.
If, after filing, it is found that the case does not meet the conditions for accepting the case of execution supervision and falls under the circumstances of items (1) to (4) of the preceding paragraph, the complainant shall be notified in writing to terminate the examination; If the case falls under the circumstance of Item (5) of the preceding paragraph, it shall be dismissed.
If the supervising court inquires the parties according to the needs of the case, it shall make a record of the inquiry and file it with the involved party. If the party is unable to come to the court due to objective reasons, the people's court should learn about the situation from the party through telephone, video and other means, and keep working records for future reference.
If the case is complicated, controversial or new evidence appears that may change the original supervision conclusion, a hearing may be held. The hearing shall be notified to the enforcement court, the complainant and the parties who have a direct legal interest in the outcome of the case supervision.
If the complainant refuses to participate in the hearing without justified reasons after being legally summoned, or withdraws from the hearing without permission, or refuses to accept the inquiry without justified reasons, which makes it impossible for the supervising court to find out the relevant facts, the appeal shall be deemed withdrawn.
The supervising court shall deal with the cases of execution supervision of the type of supervision according to the following circumstances:
(1) If the request for urging execution cannot be established, a notice shall be issued to reject the request for urging execution.
(2) If the request for urging execution is established, an order for urging execution shall be issued to order the execution court to execute within a time limit or correct the illegal and final acts, and the complainant shall be notified in writing. If necessary, a letter of execution supervision may first be sent to the execution court or the people's court at the next higher level of the execution court to urge self correction. If the enforcement court still fails to make corrections without justified reasons within the specified period of the order for urging enforcement, the supervising court may rule that the enforcement should be carried out by its own court or order other people's courts in its own jurisdiction to carry out the enforcement.
(3) If the appeal request is partially established, the part that is established shall be handled with reference to the provisions of subparagraph (2), and the part that is not established shall be rejected in the ruling or notice.
(4) If the request for urging execution is established, but objectively the conditions for continued execution are no longer met, a notice of termination examination shall be issued.
During case review, if the enforcement court takes the initiative to correct the existing problems, it shall immediately report to the supervising court. If the court supervising the handling of the case is verified, it shall notify the complainant in writing.
If it is necessary to make an order to urge the execution, a letter of supervision over the execution or a notice, it shall be submitted to the Economic Cooperation Chamber for collegial discussion. If it is necessary to make an order for promotion or designation of enforcement, it shall be reported to the professional judge meeting of the enforcement agency for discussion and decision after collegial discussion of the Economic Cooperation Chamber, and reported to the court leaders for review.
During the review of the case of enforcement supervision, if the complainant applies to withdraw his appeal, the supervision court shall review and decide whether to allow it.
Remedies against the conclusion of supervision
If the appellant is not satisfied with the conclusion of the examination of a case of supervision over execution, and applies to the people's court at the next higher level that made the conclusion of the examination for urging the execution, the people's court at the next higher level shall file the case for examination and supervision.
After examination, the people's court at the next higher level shall deal with the case according to the following circumstances:
(1) If the cause of appeal claimed by the party concerned is untenable, a notice shall be issued to reject the appeal;
(2) If the original notice is wrong in identifying facts or applying laws, but there is no improper handling result and the cause of appeal cannot be established, a notice shall be issued to reject the appeal if the identified facts or applicable laws are corrected;
(3) If the cause of appeal claimed by the parties is established or partially established, a ruling shall be made to cancel or change the notice. If the basic facts identified in the original notice are not clear and the evidence is insufficient, a ruling shall be made to cancel the notice, and the matter shall be handled according to law after the facts are found out.
The written order of a supervision case shall be delivered to the complainant and relevant parties, the notice shall be delivered to the complainant, and the above-mentioned documents shall be sent to the execution court and the people's court at the next higher level at the same time.