Delegation of Hainan Higher People's Court visits Haikou Maritime Court for Special Supervision and Guidance on the Performance Assessment Index in Enforcement Works
For the implementation of the special enforcement action featured by “six stabilities and six securities” (i.e. ensure stability in employment, financial operation, foreign trade, foreign investment, domestic investment and expectations; ensure security in job, basic living needs, operations of market entities, food and energy security, stable industrial and supply chains, and the normal functioning of primary level governments) put forward by the Supreme People’s Court, and in-depth rectification on enforcement-related issues revealed by the trial inspection of the Supreme People’s Court, so as to comprehensively improve the quality and efficiency of enforcement works, five delegates led by Zeng Fanshen, the specialized member of the trial committee of Hainan Higher People’s Court, visited Haikou Maritime Court for special supervision and guidance on the performance assessment index in enforcement works on the morning of 30 September. Attending the meeting for supervision and guidance, there were Chen Xiangzhi, member of the Leading Party Members’ Group and vice-president of Haikou Maritime Court, and all judges of the enforcement division.
At the meeting, Chen Ming, director of the enforcement division, reported to the supervisory team in detailed the “3+1” core index of the court, implementation of the backward index in terms of enforcement quality and efficiency, and implementation of the special enforcement action led by Hainan Higher People’s Court and the results of recent rectification achievements. Rectification plan and the key emphases in work were put forward based on the analysis of the specific reasons. Meanwhile, the participants discussed the basis for application of closing conditions in cases over termination of enforcement procedure, whether enforcement ruling is necessary for closing enforcement procedures due to long-term settlement agreement, coordination of related cases involved the same party against whom the enforcement procedures were filed and some major and complicated cases. By relying on the work requirements, the supervisory team gave analysis and guidance on some individual issues.
After listening the report, Zeng Fanshen pointed out that Hainan courts had made significant progress in the experience of the special action of “basically overcome the difficulties in enforcement procedures” in 2018 and summed up many proven experiences and practices. However, after making achievements in the special action, the courts slackened the momentum, slowed their paces down and did not make full use of the long-effect mechanism. This time, the trial inspection of the Supreme Court merely carried out on some cases in some courts, but had found a number of problems in enforcement procedure which need to be given sufficient attention. For the implementation of the special action of “six stabilities and six securities” and rectification of the issues found through the trial inspection in the next stage, Zeng Fanshen raised requirements as follows:
- Unify the thoughts and understanding, attach great importance to this supervisory and guiding action
For this supervision and guidance, it’s a tight schedule and the task is pressing. Hence, we should not only make good rectification through trial inspection, but also orderly move forward the works of “six stabilities and six securities”. What’s more, we shall properly coordinate the works of the said two aspects. Also, we shall take the special rectification through trial inspection as an opportunity for implementation of the “six stability and six securities” action to achieve the goal of improving the quality and efficiency of enforcement comprehensively.
- Strengthen organizational leadership, fully implement the working mechanism of “put leaders in charge and supervise the leaders”
The Leading Party Members’ Group of the court shall convene special meetings not less than twice a year to listen and study the enforcement works. In respect of the backward assessment index shown in the weekly report of the command center of the provincial Higher People’s Court, the leader of the court shall analyze and give instruction, and follow the issues until relevant adopted measures take effect. For major enforcement works, the leader of the court shall take in charge and personally study and deploy the enforcement works. In case of problems obstructing the enforcement mechanism, bold innovations and trials could be taken.
- Strengthen the construction of enforcement team and enhance its capabilities
Normalization, standardization and informatization are the new requirements put forward by the Supreme People’s Court on the enforcement works and is the new guide for the construction of enforcement team. In the next three months, the enforcement force should be flexibly and reasonably deployed to ensure the successful implementation of this special action.
- Clarify the work objectives and make a comprehensive plan for vigorous promotion
In the next stage, the work objectives shall be set in the following aspects: complete the special enforcement action of “six stabilities and six securities”, and try to achieve the “goal of ranking the front 20 among the national courts in terms of overall rate of successful enforcement within this year and ranking the front 15 among the national courts in terms of the rate of successful enforcement for five types of specific cases” put forward by Chen Fengchao, the president of the provincial Higher People’s Court. Particularly, while attaching closing attention to cases with subject matter of large value, emphasis should also be skillfully placed on individual cases. It’s necessary to classify the pending enforcement cases into different categories, distinguish between complexity and priority and then make a timetable and roadmap. Also, it’s important to make full use of the joint-action mechanism to report the cases which could not be properly solved after a lot of work has been done to the special leading group of provincial party committee for coordination and solution.
- Intensify publicity efforts
During this special action, active efforts shall be made to publicize typical cases with a swing to jointly create momentum for the implementation of the “six stabilities and six securities”.
The vice-president Chen Xiangzhi showed sincere gratitude to the supervisory team for their timely guidance and expressed that works in the next stage will be done by:
1. making timely and authentic report of the supervisory opinions and guidance to the “leader” of the court and to implement the working mechanism of “put leaders in charge and supervise the leaders”; 2. further strengthening the construction of enforcement team, regulating the enforcement acts and implementing the work requirements raised by the supervisory team item by item; 3. working together to overcome the difficulties, comprehensively improving the quality and efficiency of enforcement works and consolidating the achievements in the special action of “basically overcome the difficulties in enforcement procedure” so as to create a good legal and business environment for the construction of Hainan free trade port.