Today, the Supreme People's court held a press conference to announce the provisions of the Supreme People's Court on the enforcement of property punishment (hereinafter referred to as the provisions), which stipulated the main body, procedures and other important issues of the enforcement of property punishment by the people's court, and clarified some long-standing problems in the enforcement of property punishment. The judicial interpretation will come into force as of june1,2010.

Sunjungong, spokesman of the Supreme People's court and deputy director of the general office, said that this judicial interpretation is an important measure taken by the Supreme People's court to improve the enforcement system of property punishment, standardize the enforcement of property punishment, give full play to the function of property punishment, and safeguard the judicial authority of the people's court.

Sunjungong pointed out that China's current legislation has no clear provisions on the subject and procedure of the implementation of property punishment, and the provisions of the criminal procedure law and judicial interpretation on the implementation of property punishment are also more principled, resulting in some urgent problems in judicial practice. First, the applicable laws for the execution of property punishment are not clear and specific. The lack of clear, specific and operable provisions in the implementation of property punishment is the main reason for many problems in the implementation of property punishment. Second, the specific departments of property punishment execution are not clear. As a result, the enforcement departments of property punishment in local courts are not unified. The Enforcement Bureau, criminal tribunal, judicial police and mixed enforcement exist, and the enforcement departments are not standardized. In addition, due to the unclear regulations on the specific departments of property punishment implementation, the implementation of property punishment in some courts is not in place. Third, the property punishment execution procedure is not clear, which leads to the low efficiency of the property punishment execution. Therefore, the promulgation of the "provisions" is very necessary for standardizing the subject and procedure of the implementation of property punishment and solving the problems existing in the implementation of property punishment.

It is reported that there are 13 articles in the regulations, which mainly stipulate the following contents:

（1） It is clear that when the people's court executes property punishment, it can refer to the relevant provisions of civil compulsory execution according to the needs of work.

（2） It defines the specific departments of the people's court to implement property punishment. First, it defines the people's court for the execution of property punishment, and stipulates that property punishment shall be executed by the people's Court of first instance; The second is to clarify the executive agency of property punishment, and stipulate that property punishment shall be executed by the agency responsible for the execution of judgments, that is, the Executive Bureau of the people's court shall be responsible for the execution; Third, if the property to be executed is located in a different place, the people's Court of first instance may entrust the people's court at the same level where the property is located to execute on its behalf.

（3） Standardizing the procedure of the execution of property punishment. First, the time limit for the execution of property punishment has been standardized; The second is to standardize the work connection and work measures of the internal organs of the people's courts.

（4） It clarifies the sequence of the execution of property punishment, the compensation of criminal incidental civil action and the repayment of legitimate debts, and stipulates that the criminal incidental civil compensation liability and the repayment of legitimate debts should be performed first, and then the execution of property punishment.

（5） It stipulates the circumstances of the suspension of the execution of property punishment, and stipulates that the execution shall be resumed after the reasons for the suspension are eliminated.

（6） It stipulates the conditions for the termination of the execution of property punishment, and stipulates that after the people's court makes a ruling to terminate the execution, if it finds that the person subjected to execution has concealed or transferred property, it shall pursue the payment.

（7） If it is stipulated that the property punishment is revoked in whole or in part, the property that has been executed shall be returned in whole or in part to the person subjected to execution; If it cannot be returned, it shall be compensated.

（8） Clear the related issues of fine penalty reduction. First, it defines the conditions for the reduction and exemption of fine punishment; The second is to clarify the procedure of fine penalty reduction.

At the press conference, huyunteng, director of the Research Office of the Supreme People's court, answered reporters' questions.

Attachment:

Provisions of the Supreme People's Court on the enforcement of property punishment

(FSH [2010] No. 4)

Several provisions of the Supreme People's Court on the enforcement of property punishment, which were adopted at the 1478th meeting of the judicial committee of the Supreme People's Court on November 30, 2009, are hereby promulgated and shall enter into force as of June 1, 2010.

February 10, 2010

These Provisions are formulated in accordance with the criminal law of the people's Republic of China, the criminal procedure law of the people's Republic of China and other legal provisions in order to improve the enforcement system of property punishment and standardize the enforcement of property punishment.

Article 1 property punishment shall be executed by the organ of the people's Court of first instance responsible for the execution of judgments.

If the property to be enforced is located in a different place, the people's Court of first instance may entrust the people's court at the same level in the place where the property is located to enforce it on its behalf.

Article 2 the people's Court of first instance shall, after the criminal judgment or order made by the court becomes effective, or after receiving the effective criminal judgment or order from the people's court at a higher level, file a case for execution of the legal documents related to the execution of property punishment.

Article 3 if the person subjected to execution fails to pay the fine in full within the time limit specified in the judgment or order, the people's court shall force him to pay the fine after the expiration of the time limit.

The people's court shall execute the confiscation of property immediately.

Article 4 the people's court shall investigate the property status of the person subjected to execution according to law. If it finds that there is property available for execution that needs to be sealed up, seized or frozen, it shall take such compulsory enforcement measures as sealing up, seizure or freezing in a timely manner.

Article 5 when executing a property punishment, if an outsider raises an objection to the ownership of the property to be executed, the people's court shall examine it and handle it with reference to the relevant provisions of the civil procedure law.

Article 6 the person subjected to execution who is sentenced to a fine or confiscation of property and who is also liable for compensation in a civil action incidental to a criminal case shall first perform his civil liability for compensation to the victim.

If the person subjected to execution has legitimate debts that should be repaid before the imposition of property punishment, he shall repay them first at the request of the creditor.

Article 7 all the property to be executed shall be turned over to the state treasury.

Where the execution is entrusted, the entrusted people's court shall deliver the execution to the entrusting people's court together with the evidence of turning over to the state treasury; If the execution cannot be carried out in place, the entrusting people's court shall be informed in time.

Article 8 under any of the following circumstances, the people's court shall rule to suspend execution:; After the reason for the suspension of execution is eliminated, the execution is resumed:

（1） The subject matter of enforcement is the subject matter of a dispute in a case being tried by a people's court or an arbitration institution, and it is necessary to wait for the completion of the trial of the case to determine the ownership;

（2） An outsider raises an objection to the subject matter of execution with good reasons;

（3） Other circumstances under which execution should be suspended.

If the person subjected to execution fails to pay the fine in full, the people's court shall, whenever it finds that the person subjected to execution has property available for execution, pursue the payment at any time.

Article 9 under any of the following circumstances, the people's court shall rule to terminate the execution:

（1） The criminal judgment or order on which the execution is based is revoked;

（2） The person subjected to execution dies or is executed and has no property to execute;

（3） The unit to which a fine has been imposed terminates and has no property to enforce;

（4） Exemption from fines in accordance with Article 53 of the criminal law;

（5） Other circumstances under which the execution shall be terminated.

After the people's court has ruled to terminate the execution, if it finds that the person subjected to execution has concealed or transferred his property, it shall pursue the payment.

Article 10 Where a property punishment is revoked in whole or in part, the property already executed shall be returned in whole or in part to the person subjected to execution; If it cannot be returned, it shall be compensated.

Article 11 if it is really difficult to pay a fine due to irresistible disasters, and the person subjected to execution applies to the enforcement court for reduction or exemption, the enforcement court shall, within one month after receiving the application, make a ruling to grant the reduction or exemption according to law if it considers that the statutory conditions for reduction or exemption are met; If it considers that the statutory conditions for reduction or exemption are not met, it shall rule to reject the application.

Article 12 Where there are no provisions in these Provisions on the handling of property penalty enforcement cases by the people's courts, the relevant provisions on civil enforcement shall apply mutatis mutandis.

Article 13 in case of any inconsistency between the previously issued judicial interpretation and these Provisions, these Provisions shall prevail.