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Thursday, October 28, 1999, updated at 16:27
China Intensifying Execution Force, Serving SOE Reform

Following is the report written by Our Staff Reporter Su Ning about what he has learned from the National Court Execution Work Forum concluded yesterday in Beijing.

In the "Execution Year" activity launched this year, the people's courts at all levels nationwide have conscientiously implemented the spirit of the related documents of the Central Committee of the Communist Party of China (CPC), increased execution work effort and expanded the social effect of the execution work and have thus, to a certain degree, improved the external law-enforcement environment. Between January and September this year, the nation's courts handled and closed 1.37 million cases, involving a targeted amount of 120.5 billion yuan.

Xiao Yang, president of the Supreme People's Court, pointed out in his speech delivered at the forum that along with the implementation of the major measures taken by the State to push forward the reform and development of State-owned enterprises (SOEs), cases of disputes concerning the reform and development of SOEs which were submitted to the court had been on the increase, other cases sparked by SOE reform would also increase, this would inevitably bring immense pressure on the execution work. On the one hand, the number of cases would continue to rise on the original basis of constant increase, the task related to execution work would become heavier; on the other hand, difficulty in the execution work would increase to different extents. Xiao Yang called on courts at all levels to make concrete analysis of the cases submitted by SOEs and actively explore new executive methods, he also called for proper use of the practical and effective methods, including debt-to-equity swap, the sale of land-use right, the transfer of invisible assets, the payment of debt by labor, and the placement of the executed property under the coercive management of the commission intermediary institution, as well as the executive conciliation. With regard to the creditor's right involving SOEs, it is necessary to intensify execution efforts, legally guarantee the realization of the creditor's right of SOEs; with regard to the execution of debts involving SOEs, it is also necessary, based on laws and policies, to strengthen coordination with concerned departments, to solve the matter concerning debts according to law.

It is reported that by the end of September this year, there were still more than 920,000 cases that had not been handled and closed, incidents of resistance to law enforcement by force were very prominent. According to statistics from the higher courts in 16 provinces (autonomous regions and municipalities), there were over 330 incidents of forcible resistance to law enforcement between January and September, more than 400 law executors were injured and some 200 motor vehicles were destroyed, which had seriously obstructed law enforcement and produced extremely bad social effects. Xiao Yang stressed that courts at all levels must regard implementation of the spirit of the Fourth Plenary Session of the 15th CPC Central Committee, further intensification of law enforcement efforts and the solution of the "difficult execution" issue with utmost efforts as the focus of work of people's courts at present and for a period of time to come, and resolutely safeguard the sanctity of State laws and judicial authority.

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