Your current location >> Press Release
Report of shanghai high peoples court on the enforcement work in 2020
[2021-01-15]

 

On January 15, 2021, Shanghai High People's Court held a press conference on giving full play to enforcement functions to serve stability on the six fronts and security in the six areas, at which it reported the enforcement work in 2020 and released 10 typical cases handled by Shanghai courts on cracking down on difficult enforcement, 5 typical cases on impossibility of enforcement and 5 typical cases on joint disciplinary actions against dishonest persons subject to enforcement throughout the year. Tang Bingsheng and Jiang Hong, Director and Deputy Director of Enforcement Bureau of Shanghai High People's Court respectively, briefed relevant work and answered the questions from reporters. Li Zeli, Spokesperson of Shanghai High People's Court, presided over the conference.

It's reported that in 2020, Shanghai courts focus on advancing the standardization, accurateness, specialization, information and socialization of enforcement, enhancing its openness and transparency, promoting its high-quality development and has achieved positive results. According to statistics, in 2020, Shanghai courts accepted a total of 161,600 initial enforcement cases and concluded 162,100 ones amounting to the value of RMB 37.894 billion, up 7.68% and 7.56% respectively year on year. The rate of closing enforcement cases within the statutory period and average closing time ranked the forefront of the country.

Facing the sudden outbreak of epidemic in early 2020, Shanghai courts took coordinated steps to promote disease prevention and control and enforcement work. Through formulating guidance opinions, dispatching personnel on duty and promoting online enforcement, etc., the courts set clear guidance on handling cases, smoothed the channels for enforcement in different places, reduced the risk of cross-infection and improved the work efficiency. In 2020, Shanghai courts carried out mobile enforcement involving 15,587 people, with a coverage rate of 100% and 3,475 traceable evidence materials online.

According to the press conference, Shanghai courts launched a special campaign on giving full play to their enforcement functions to serve stability on the six fronts and security in the six areas. Through compulsory measures such as fines, detention, compulsory searches and restrictions on leaving the country, etc., they held those who refuse to satisfy judgment or ruling accountable according to law and intensified the punishment on people who resist or impede the enforcement. In 2020, Shanghai courts handled 28 cases concerning the crime of refusal to enforce judgments or rulings, detained 208 people and restricted 1,315 people from leaving the country. Attaching great importance to the enforcement of cases involving people's livelihood, Shanghai courts strictly follow the principle of "priority in case acceptance, enforcement and repayment," promptly investigate and control property to shorten the time of intermediate links, strengthen advance payment of unpaid wages and judicial assistance, and improve the rapid enforcement mechanism for cases involving people's livelihood. Throughout the year, a total of RMB 369 million was paid to migrant workers due to enforcement.

In order to solve the problem of "difficult enforcement," Shanghai courts have continuously deepened the application of information technology in enforcement work by setting up an "intelligent enforcement" system to integrate modern technology into the enforcement work. They perfected the intelligent handling platform for enforcement cases, which allows automatic generation of format documents and automatic filling of key node information, to provide intelligence support for judges to handle cases online. In addition, considering the large number of victims and heavy workload in payment in criminal enforcement cases relating to fraudulent fund-raising, illegal absorption of public deposits and other crimes involving the public, Shanghai No.1 Intermediate People's Court took the lead in developing a victim information registration & checking platform for criminal cases involving the public to shift registration, checking and payment work from offline to online. For example, in a fraudulent fund-raising case, more than 35,000 victims' information was registered and confirmed online, and more than RMB 500 million has been paid to the first batch of nearly 18,000 people through the platform, which helped the victims to recover the losses "within doors" and realized efficient and convenient payment of funds.

Among the 20 typical cases released at the conference, there are 10 cases on cracking down on "difficult enforcement," such as case of dispute over shareholder's right to know (Zhang v. a company in Shanghai) accepted by Minhang District People's Court of Shanghai, case of dispute over private lending (Li v. Shaoxing Xinrong Petty Loan Co., Ltd) accepted by Shanghai No.1 Intermediate People's Court; 5 cases on impossibility of enforcement, such as case of dispute over a service contract (Ni and other 12 people v. a health management company in Shanghai) accepted by Baoshan District People's Court of Shanghai, arbitration dispute (an industrial company in Shanghai v. No.1 Branch of an architectural decoration company in Shanghai) accepted by Shanghai No.2 Intermediate People's Court; and 5 cases on joint disciplinary actions against dishonest persons subject to enforcement, such as case of dispute over a service contract (between two testing centers in Shanghai) accepted by Jinshan District People's Court of Shanghai, case of dispute over the liability for damage caused to a labor provider (Zhou v. Wang et al) accepted by Pudong New Area People's Court of Shanghai.

Shanghai High People's Court said that, next, Shanghai courts will continue to consolidate the achievements in basically resolving "difficult enforcement," further improve the overall working pattern of comprehensively dealing with enforcement difficulties, intensify enforcement efforts, improve the level of standardized enforcement and perfect the long-term enforcement mechanism to strive to make Shanghai one of the regions with the best enforcement environment and highest enforcement efficiency in China and to practically solve enforcement difficulties.

 

<!--[if !vml]--><!--[endif]-->10 Typical Cases of Shanghai Courts on Cracking Down "Difficult Enforcement" (2020).docx

<!--[if !vml]--><!--[endif]-->Typical Cases of Shanghai Courts on Joint Disciplinary Actions against Dishonest Persons Subject to Enforcement (2020).docx

<!--[if !vml]--><!--[endif]-->Typical Cases of Shanghai Courts on "Impossibility of Enforcement" (2020).docx

 

 

 

>> Chinese Version
The English version of this article, which is translated from the Chinese version by CTPC, is for reference only and shall be subject to the corresponding contents on the Chinese webpage.
Copyright @2014 Shanghai High People's Court, All Rights Reserved.