shanghai high people¡¯s court released ten working mechanismstop ten typical cases concerning ¡°challenges in enforcement¡±

at a press conference of shanghai high people¡¯s court (hshfy for short) on december 28, 2017, deputy secretary of the party leadership groupvice president sheng yongqiang of hshfy announced the achievements on resolving the challenges in enforcement in the past two yearsten working mechanisms on tackling such challenges across the courts in shanghai. director of enforcement bureau of shanghai high people¡¯s court bao huimin also publicized top ten typical cases solved concerning the challenges in enforcement in 2017 across the courts in shanghai at the press conference, too. presided over by head of legal publicityeducation office of shanghai high people¡¯s court sun jing, the news conference also witnessed the participation of over 30 journalists with shanghai branches of central news medialocal media.

it was known from the news conference that the supreme people¡¯s court designated shanghai as one of the major cities to basically resolve the difficultieschallenges in enforcement at the beginning of 2016. in the working principle of ¡°taking the reform of enforcement systemmechanism as the driver to solve the difficultieschallenges in enforcement¡±, the courts in shanghai thenceforth stuck to the aims of ¡°achieving substantial results in year onebasically resolving challenges in enforcement in year two to build shanghai into one of the cities with the best environmenthighest efficiency in enforcement¡±made notable progress through two years of tireless efforts.

the news conference also released that the courts in shanghai had acceptedenforced the judgements of 294,300 cases, enforcedclosed 286,700 cases from 2016 to november, 2017, recording a y-o-y rise of 21%19.5% respectively. in 2017, the actual enforcement rate for the courts across shanghai rose from 57.45% in 2015 to 71.58%. the actual enforcement rate hit 98.5% after the exclusion of cases with properties for enforcement. through january to october, 2017, the courts in shanghai accomplished 85 points in the overall rating of qualityefficiency indicators pursuant to the enforcement qualityefficiency analysis system of the supreme people¡¯s court (in total 11 indicators for enforcement were adopted for evaluation, including the efficiency, the effectthe quality of enforcement), ranking the first across the ry. 

at the press conference, deputy secretary of the party leadership groupvice president sheng yongqiang also briefed the ten working mechanisms coming into being during the process of resolving difficulties in enforcement since 2016. the ten working mechanisms are the ¡°three unities¡± management mechanism for enforcement, substantiated operation mechanism of enforcement commanding center, supervisionrestriction mechanism of enforcement jurisdiction for the enforcement right, recognitionrestoration mechanism for cases with no property for enforcement, private prosecuting mechanism to crack down on the crimes of denial of enforcementjudgement, conflict resolution mechanism through judicial custody, mechanism on the transfer of enforcement cases to bankruptcy examination, online court auction mechanism, coordination mechanism linking case filing, trialenforcementmechanism of joint punishment against defaulters.     

in specific, the three unities management mechanism for enforcement refers to the model combining the management of cases, matterspeople, which will further improve the hshfy¡¯s ¡°unified management, unified directionunified coordination¡± of judgment enforcement across the courts at the grass-root level to enhance the internal synergy of the enforcement. the substantiated operation mechanism of enforcement commanding center means greater coordinationassistance in the enforcementoptimized resource allocation by fixing the personnelposts as well as centralized management. the supervisionrestriction mechanism of enforcement jurisdiction for the enforcement right means that the separation of trialenforcement will secure the standardized execution of the enforcement right. the recognitionrestoration mechanism for cases with no property for enforcement refers to the strict standardization of the enforcement mechanism to recognizerestore the cases with no property to enforce so as to enhance the qualityefficiency of enforcement with the best effortssafeguard the legitimate rightsinterests the parties to the case. the private prosecuting mechanism to crack down on the crimes of denial of enforcementjudgement means that the mandatory nature of enforcement will be highlighted through the private prosecution against the crime of denial of enforcementjudgement so as to further manifest the judicial authority. the conflict resolution mechanism through judicial custody means that the court strengthens the cooperation with public security to educateguide the personnel in judicial custody so as to solve cases difficult to enforce. the mechanism on the transfer of enforcement cases to bankruptcy examination refers to the transfer to bankruptcy examination process in strict accordance with the standards to safeguard the orderly connection between enforcement with bankruptcy processeffectively fill the gap caused by the enforcement. the online court auction mechanism refers to the clusteringprofessional management of online court auction as well as the standardized disposal of properties. the coordination mechanism linking case filing, trialenforcement means the reinforced the responsibilities of property inquirycontrol, pre-litigation preservationpreservation in the litigation as well as the coordinationcooperation among departments for various links of case filing, trialenforcement so as to address the difficulty in enforcement from the source. the mechanism of joint punishment against defaulters refers to the conclusion of memorandum with 46 related departments in shanghai to jointly promote the credit supervision, warningpunishment against defaulters.

shanghai high people¡¯s court also announced the top ten typical cases at the press conference. though these cases were challenging in enforcement, they were enforcedclosed thanks to the wisdom of judgesinnovative systemmechanism implemented across the courts in shanghai. the cases drew public concerns as they involved huge amount of money, large number of peoplerelated to people¡¯s livelihood, posed difficulty in enforcementserved as typical representatives. the ten cases are those concerning the dispute over enforcement of lease contract of shanghai langt autocatalyst co., ltd. heard by shanghai no.1 intermediate people¡¯s court, dispute over financial loan contract bybetween zhao kexin, jiang xuan, et. al. heard by shanghai no.2 intermediate people¡¯s court, dispute over enforcement of liabilities for huifeng 2179 ship collision heard by shanghai maritime court, dispute over shanghai juyang investment co., ltd.¡¯s application of enforcing entrustment contract of shanghai tianlin real estate development co., ltd. heard by shanghai pudong new area people¡¯s court, enforcement of over 300 million worth of asset series successfully disposed by shanghai jinshan district people¡¯s court, enforcement, dispute over enforcement of informal lending between xie zhaofengma qiulian heard by shanghai xuhui district people¡¯s court, dispute over zhu xinhua¡¯s application for enforcing the informal lending between wang kewang yujun heard by shanghai yangpu district people¡¯s court, dispute over zhang guohua¡¯s application for enforcing ma jianlan¡¯s property salespurchase contract heard by shanghai hongkou district people¡¯s court, enforcement of informal lending by shanghai shoulashou international tourism co., ltd. heard by shanghai putuo district people¡¯s court,enforcement of series disputes over lease contract of shanghai changjiangkou shopping mall co., ltd. heard by shanghai baoshan district people¡¯s court.

mr. sheng yongqiang also said at the press conference that the courts in shanghai will continue the efforts on the development of standardized enforcement, facilitate the information technology application across the board, strengthen the intensity of enforcementthe joint punishment against defaultersfully safeguard the legitimate rightsinterests of the parties involved so that the enforcement work across shanghai will make new progress.

material for the press conference: top ten typical cases solved concerning the challenge in enforcement across shanghai courts.doc