Continuously Deepening Enforcement Reform to Promote the Construction of a Credit-based and Rule-of-Law Economy: An Interview with Liu Guixiang, Member of al Committee of the Supreme People's Court and Second-Class Grand Justice
2026-03-10
Clean up the 'zombie enterprises' as soon as possible; Provide "oxygen supply" and "blood supply" to "vulnerable enterprises" with development prospects; In recent years, these "keywords" in the enforcement work of the people's courts have received social attention, such as strict distinction between "dishonesty" and "disability", and graded classification of dishonesty punishment. What are the effective measures and results of the people's court's enforcement work in response to the demand of the parties to realize their right to win the lawsuit and the demand for high-quality economic and social development? Recently, a reporter from the Rule of Law Daily interviewed Liu Guixiang, a deputy ministerial level full-time member of the Judicial Committee of the Supreme People's Court and a second level judge. The people's courts promote the construction of credit economy and rule of law economy through practical actions. ”Liu Guixiang said that by 2025, the people's courts will resolutely implement the major decisions and deployments of the Party Central Committee, continue to deepen the reform of the enforcement system and innovate the enforcement mechanism, and take multiple measures to improve the quality and efficiency of enforcement work. By 2025, the people's courts will continuously consolidate and deepen the unique Chinese style property investigation and control monetization model supported by modern information technology, the mechanism for punishing dishonesty, and the execution management system. ”In the interview, Liu Guixiang introduced relevant measures to effectively improve execution ability and execution management level from the perspective of institutional supply. Liu Guixiang said that the people's courts continuously regulate their enforcement behavior, actively accept supervision, improve the mechanism for constraining and supervising the exercise of enforcement power, focus on eliminating stubborn problems in the field of enforcement, and effectively implement fair, civilized, and clean enforcement. Taking the promotion of cross execution in accordance with the law as the driving force, we will focus on eliminating local protection, passive execution, and delayed execution, and tackle major, difficult, and complex "bone cases". The people's courts continuously improve the coordination mechanism between legislative, judicial, and executive branches, and promote the resolution of conflicts and disputes before enforcement. ”Liu Guixiang said that the people's courts are constantly "tapping into their potential" internally to form a joint force in solving enforcement difficulties. In 2025, the Supreme People's Court, on the basis of previous normative documents on the coordination and operation of legislative, judicial, and executive branches, has also issued guidelines such as the "Guidelines of the Supreme People's Court on Strengthening the Coordination and Cooperation of Legislative, Judicial, and Executive branches to Promote the Pre enforcement Resolution of Contradictions and Disputes" and the "Guiding Opinions of the Supreme People's Court on Promoting Quality and Efficiency Improvement in Trial Work to Promote Substantive Resolution of Contradictions and Disputes". These guidelines not only strengthen the separation of judicial and executive branches, give full play to the independent functions of each link in legislative, judicial, and executive branches, but also focus on the interconnection of each link, effectively forming a. In the process of filing a case for mediation, the people's court adheres to the principle of 'every case must be established', and insists on putting non litigation dispute resolution mechanisms at the forefront, encouraging and guiding the immediate performance of mediation agreements, and substantially resolving disputes. Strengthen litigation and enforcement risk warning, guide and regulate property preservation before and during litigation, and prevent debtors from evading debts. In the trial process, the people's court firmly establishes the concept of "solving both the problem and the problem" in the judgment, strengthens the reasoning and post judgment Q&A of the judgment documents, and improves the automatic performance rate of the judgment documents. Continuously improve the quality of judicial documents, enhance the clarity, specificity, and operability of the main text of judicial documents, and reduce execution disputes. Establish a working mechanism of "who judges, who is responsible for supervising performance" to guide and supervise the parties to fulfill their obligations in a timely manner. In the execution process, the people's courts comprehensively promote cross execution work, facilitate the retrieval of related cases, coordinate the settlement of related litigation and execution, and coordinate the integrated resolution of "triangular debts". Establish a system of "execution suggestions" to view trials from the perspective of execution and promote the improvement of trial quality. Liu Guixiang said that through a series of measures, the automatic performance rate of civil judgments will reach 61.01% by 2025, a year-on-year increase of 2.7%; The executed amount is about 2.2 trillion yuan, exceeding 2 trillion yuan for three consecutive years; The implementation rate and completion rate have increased by nearly 8% annually for three consecutive years. According to the data released by the Supreme Law on the Accurate Implementation of Dishonest Punishment and Credit Restoration, by 2025, 2.3398 million people will be newly included in the list of dishonest individuals, and 2.6696 million people will return to the market through credit restoration. Credit punishment is not the goal, realizing the legitimate rights and interests of winning parties and promoting the construction of a social integrity system are fundamental. ”Liu Guixiang said that the people's courts actively promote the precision of punishment for dishonesty and the normalization of credit repair, which not only allows the "dishonest" executed persons who evade or resist execution to receive appropriate punishment, but also gives the honest and unfortunate "disabled" executed persons the opportunity to return to the market in a timely manner. The confidence and determination of the people's courts to crack down on malicious evasion of debts in accordance with the law remain unwavering, and they will continue to maintain a high-pressure crackdown on various dishonest behaviors such as evading execution, evading execution, and resisting execution. In 2025, the Supreme People's Court, together with the Supreme People's Procuratorate and the Ministry of Public Security, issued the "Opinions on Several Issues Concerning the Handling of Criminal Cases Involving Refusal to Execute Judgments and Adjudications" to severely crack down on malicious evasion of execution and refusal to execute. At the same time, the grading and classification of dishonesty punishment mechanisms by the people's courts have become more perfect and precise, and the credit repair mechanism has become more smooth - in the specific case handling process, the people's courts accurately distinguish between "dishonesty" and "disability", strictly apply dishonesty punishment measures in accordance with the law, and strictly prohibit the inclusion of executed persons who have no ability to perform in the dishonesty list. Adhere to the principle of "appropriate punishment for excessive misconduct", classify dishonest behavior into three levels: mild, moderate, and severe. Depending on the specific situation, different degrees of dishonest punishment measures will be given to the executed person to improve accuracy, and focus the punishment measures on serious evasion, avoidance, and resistance to execution behavior. For debtors who are in temporary difficulties but have the willingness and potential to repay their debts, a grace period for dishonesty punishment shall be given, or credit punishment measures shall be temporarily suspended, in order to help the debtor escape from difficulties and be reborn without harming the interests of creditors. Establish a sound credit repair mechanism, promptly delete dishonest information from debtors who actively correct their dishonest behavior, and promptly push it to relevant departments. If the dishonest information is deleted and the debtor requests the court to provide a credit repair certificate, relevant certificates shall be issued in a timely manner to eliminate the negative impact. Liu Guixiang said that being included in the list of dishonest individuals will inevitably limit high consumption, but restricting high consumption does not necessarily mean having dishonest behavior. The purpose of restricting high consumption is to prevent the debtor from reducing their liability property and affecting their debt repayment ability due to high consumption. It is not allowed for the debtor to engage in high consumption beyond necessary production and daily life without repaying the debt. With the development of the economy and society, further research, demonstration, modification and improvement are needed for specific situations that restrict high consumption, in order to make them more in line with objective reality. In the practice of combining enforcement and bankruptcy systems, some enforcement cases face "zombie enterprises" without property, accounting books, or personnel, which not only occupy judicial resources but also waste market resources. This type of case is also known as an "execution failure" case. Liu Guixiang said that for such "zombie enterprises", especially those that have been repeatedly ruled bankrupt, the people's court should prioritize conducting a comprehensive search and investigation of the enterprise's assets through bankruptcy procedures, and quickly clear them out, releasing the sealed and frozen element resources. Judicial trial data shows that over the past two years, people's courts have transferred more than 40000 bankruptcy cases through enforcement procedures, and over 10000 "zombie enterprises" have been cleared. Execution and bankruptcy have a natural institutional connection, both of which are legal procedures for realizing creditor's rights. The difference is that the execution procedure focuses on realizing the rights of individual creditors, while the bankruptcy procedure aims to comprehensively clean up and distribute all the assets of the debtor, and achieve fair compensation for all creditors. ”Liu Guixiang said that for some struggling enterprises that are still in production and operation and have development prospects, the executing judge should actively identify the salvage value of the executed enterprises, strengthen "early transfer and early treatment", and avoid directly disposing of their core assets in a single execution procedure, which may result in the loss of the possibility of reorganization and salvage. The '15th Five Year Plan' proposes to promote the organic connection between judicial judgment execution and bankruptcy system, and effectively activate sealed and frozen assets in accordance with the law. The people's courts will fully implement the major decisions and deployments of the Party Central Committee. ”Liu Guixiang said that the next step is for the Supreme People's Court to quickly promote the issuance of guidance on the connection between enforcement and bankruptcy, release the combined effectiveness of the enforcement and bankruptcy systems, promote the "early treatment and survival" of distressed enterprises, and the "quick removal and destruction" of "zombie enterprises", promote the optimization of market resource allocation, and provide more accurate and powerful judicial services and guarantees for creating a legal business environment and promoting high-quality economic development. (New Society)
Edit:Linian Responsible editor:Shenchen
Source:legaldaily
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