will stand trial execution implementation coordination mechanism

10 month 31 days, reporters from the Provincial Higher People’s court held a press conference was informed that in order to achieve the "two to three years to basically solve the difficult execution of the target, the judicial practice to solve the" referee, implementation of the light "and" heavy mediation, light performance "phenomenon and the foundation is not clear due to the implementation of no law enforcement, for trial the work is not in place to perform and take measures to guarantee the implementation of measures, is not sufficient, enforcement is not in place and other issues, the Provincial Higher People’s Court of the judicial committee of the" Qinghai Province Higher People’s Court on filing, trial and enforcement cooperation and coordination to promote the performance of automatic case rate regulations (Trial) "(hereinafter referred to as the" Regulations "), effective December 1st.

"Regulations" to strengthen the filing, trial procedures in litigation guidance, and risk disclosure laws. Regulations of filing stage strengthen risk tips, let the parties have a reasonable expectation of litigation; trial stage to strengthen the legal interpretation, to guide the parties to successfully participate in litigation process; strengthen the interpretation work in after the completion of the implementation of security measures, ensure the parties to exercise their litigation rights correctly; strengthen the interpretation work in effective legal documents, improve service and accuracy of automatic discharge rate.

"Regulations" on the case mediation, reconciliation put forward the work standards, and mediation, reconciliation work quality and effect evaluation. Asked the judge to enhance case awareness, guide the mediation the parties in the case of automatic discharge, completely solve the dispute in the implementation; continue to advocate mediation work at the same time, additional work assessment indicators, comprehensive evaluation of the quality and effectiveness of mediation; strict review of the substance of the mediation agreement, try to set up a mediation clause or breach of contract to protect their punitive terms to prevent the "two, integrity", increase the cost of performing breach; use of property preservation measures and debt guarantee system, ensure the controllability of the property disputes, litigation; settlement of all aspects of work to strengthen the implementation of decentralization intensive operation, the implementation of the settlement work throughout all sectors, and strengthen the supervision of the fulfillment of the settlement agreement.

"Regulations" clearly supervise the performance of the system, tracking the performance of the system and the implementation of procedures to promote the implementation of the measures. The judicial service court shall serve the judge to serve the legal documents, and serve the "Notice of performance and supervision" to the obligor, and supervise the performance. The case into the implementation of the program, implementing agencies should take the initiative to survey, control and disposition of the debtor property available for execution, make full use of the seizure, seizure, freezing and other enforcement measures, increase the evasion of enforcement penalties against efforts to ensure that the obligations determined in effective legal documents as soon as possible. At the same time pay attention to the flexible use of reporting property, exit restrictions, restrictions on high consumption such as the protection of the implementation of measures to combat "Laolai" behavior from the source, to promote the implementation of case carried smoothly. And the automatic execution of mediation cases, to perform tracking rate and mediation cases for execution rate, execution cases of automatic discharge rate, the actual rate of the underlying execution case, rulings rate and other indicators into the performance appraisal scope.

 

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