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Preface

In the case of contract dispute arbitration between Qingdao jinshihao Investment Co., Ltd. and LuoYongHao, the Beijing Arbitration Commission made an award (2021) jzz No. 0742 on March 19, 2021. After the ruling came into effect, Luo Yonghao failed to perform the obligations specified in the effective legal documents. Qingdao jinshihao Investment Co., Ltd. applied to Beijing No. 1 Intermediate People's court for enforcement on April 6, 2021, and the court filed a case for enforcement on April 12. In the course of execution, the applicant for execution Qingdao jinshihaoyu Investment Co., Ltd. and the person subjected to execution LuoYongHao reached an execution settlement agreement, which needs to be performed for a long time. On December 24, 2021, the Beijing No. 1 Intermediate People's Court issued the (2021) j01z No. 495 bis ruling, ruling that "the execution of the (2021) jzz No. 0742 award of the Beijing Arbitration Commission shall be terminated."

In the case of contract dispute arbitration between Zhejiang Haining Jiahui Investment Co., Ltd. (limited partnership) and LuoYongHao, the Beijing Arbitration Commission made an award (2021) jzz No. 0793 on March 19, 2021. After the ruling came into effect, Luo Yonghao failed to perform the obligations specified in the effective legal documents. Zhejiang Haining Jiahui investment limited partnership (limited partnership) applied to Beijing No. 1 Intermediate People's court for enforcement on April 13, 2021, and Beijing No. 1 Intermediate People's court filed a case for enforcement on April 19. On December 24, 2021, the Beijing No. 1 Intermediate People's Court issued the (2021) J 01 Zhi No. 544 bis enforcement ruling. As both parties reached an enforcement settlement agreement, it was necessary to perform it for a long time, and the ruling ended the enforcement.

(picture from the network)

Recently, the resumption of execution of the above two cases that ended execution has aroused widespread concern in the society. Luo Yonghao himself clarified that "this debt has been paid, and the court's resumption of execution is for the purpose of closing the case procedure". Why can a case whose execution has been terminated be resumed? During the implementation process, what are the specific closing methods? The author gives you an analysis of several common ways of closing cases in the implementation stage.

I. General Discussion on case settlement methods

According to the provisions of Article 14 of the opinions of the Supreme People's Court on Several Issues concerning the filing and closing of enforcement cases, except for cases of enforcement of property preservation orders and resumption of enforcement, the closing methods of other enforcement cases include: completion of enforcement, termination of the current enforcement procedure, termination of enforcement, cancellation of the case, denial of enforcement, and rejection of the application. Among them, the completion of execution refers to: the case can be closed in the form of "completion of execution" after the contents of execution determined in the effective legal document have been automatically performed by the person subjected to execution and enforced by the people's court, or the parties have reached an execution settlement agreement and the execution settlement agreement has been performed. If the person subjected to execution raises a jurisdictional objection, and the objection is found to be tenable after examination, the case is transferred to the court with jurisdiction or the application for the executor to withdraw the application; Or finding that another people's court with jurisdiction has filed a case first; If the entrusted court returns the entrustment with the consent of the higher people's court, these cases may be closed in the form of "cancellation". If the people's court decides not to enforce the arbitration award or notarized credit document submitted by the person subjected to enforcement after examination, the case shall be closed in the form of "not to enforce". After filing the enforcement case, if it is found that it does not meet the conditions for accepting the enforcement case, and the application is rejected, the case shall be closed in the form of "rejection of application". The above briefly introduces the four settlement methods: completion of execution, cancellation of case, refusal of execution and rejection of application. There are still two settlement methods: termination of this execution procedure and termination of execution. These two settlement methods need to be analyzed in detail.

II. Termination of execution

According to Article 17 of the opinions on Several Issues concerning the filing and closing of enforcement cases, the case may be closed by "termination of enforcement" under any of the following circumstances: (1) the applicant withdraws the application or the parties reach an enforcement settlement agreement, and the applicant withdraws the enforcement application; （2） The legal document on which the execution is based is revoked; （3） The citizen who is the subject of execution dies, has no estate to enforce, and has no obligation to bear it; （4） The obligee in a case of recovery of alimony, alimony or upbringing expenses dies; （5） The citizen who is the subject of execution is unable to repay the loan due to living difficulties, has no source of income, and has lost the ability to work; （6） The enterprise legal person or other organization that is the person subjected to execution has no property to execute, has no obligation successor, or can not add or change the subject of execution according to law after the cancellation, cancellation, revocation of its business license, or closure or termination; （7） Exemption from fines in accordance with Article 53 of the criminal law; （8） The person subjected to execution is adjudicated bankrupt by a people's court; （9） The subject matter of administrative execution is lost; （10） A case is ordered by a people's court at a higher level to be promoted to a higher level for execution; （11） A case is ordered by a people's court at a higher level to be executed by another court; （12） In accordance with the provisions of the Supreme People's Court on Several Issues concerning entrusted execution, the entrusted execution formalities have been handled and the notice of case filing has been received from the entrusted court; （13） Other circumstances under which the people's court considers that the execution should be terminated.

It can be seen from the above provisions that the reason why the case of Luo Yonghao was closed in the way of "termination of execution" was that the first item of this article was applied and the parties reached a long-term settlement agreement. If LuoYongHao has fulfilled all his obligations, the case shall be closed in the form of "completion of implementation"; If the court finds that LuoYongHao has no property available for execution, and he has not reached the intention and ability to perform by stages, the case shall be closed by "ending this execution procedure". Only when LuoYongHao has no property available for execution when he is enforced, but he is willing and able to perform by stages and reach a settlement agreement with the applicant for execution for a long time, the case shall be closed by "ending execution". Closing the case in this way can give the applicant for enforcement a "reassurance", because once the person subjected to enforcement fails to perform or does not fully perform as agreed in the settlement agreement, the applicant for enforcement can apply to the court for resumption of the original effective legal instrument. When LuoYongHao has fulfilled all the obligations agreed in the settlement agreement, the case has been reported and closed in the internal system of the court in the form of "termination of execution", so the case can only be filed with the case of resumption of execution, and then closed with "completion of execution" after the case is restarted.

III. termination of this execution procedure

When the court exhausts the means of property investigation and control, the applicant for enforcement fails to provide clues about the property of the person subjected to enforcement, the person subjected to enforcement has not declared his own property, and the person subjected to enforcement is not found to have property available for enforcement or the property found cannot be disposed of through the above three channels, such cases shall be closed by "ending this enforcement procedure". The advantage of such settlement is that it can relieve the pressure on the execution judge to close the case, and also allow such cases to continue in the form of suspension. If it is later found that the person subjected to execution has property available for execution, the judge can restart the case at any time according to his authority or the application of the parties, so that the case can enter the state of execution again.

To determine that the person subjected to execution has no property to enforce, the court must exhaust the means of property investigation and control. For example, the court should inquire about bank deposits from banking financial institutions, real estate registration from relevant real estate management departments, equity from legal person registration authorities, vehicles from relevant vehicle management departments and other means; If the person subjected to execution is a natural person, it shall investigate the property status or property clues of the person subjected to execution from the unit to which the person subjected to execution belongs and the people around his residence, including the source of economic income of the person subjected to execution, the due creditor's rights of the person subjected to execution, etc; It is also necessary to complete the corresponding investigation through the national court network execution investigation and control system of the Supreme People's Court (general to general) and the "point-to-point" network execution investigation and control system of the higher people's court under the execution court.

It may be easy to understand that there is no property available for enforcement, but you may not understand why some properties clearly exist but cannot be enforced, and finally the case can only be closed by "ending this enforcement procedure"? In practice, the ownership of houses and land on collective land is often unregistered or wrongly registered, or the land use right certificate is kept by the village in a unified manner. There is still a dispute about whether this kind of real estate can be implemented. Although the applicant for enforcement can often provide the information of the motor vehicle of the person subjected to enforcement, the mobility of the motor vehicle is difficult to control. The court can only seize the vehicle, which makes it impossible to transfer ownership and conduct annual inspection, and the liquidation rate of the vehicle fortunately seized is very low. When executing the only house of the person subjected to execution, the person subjected to execution is easily agitated. If the person subjected to execution still has family members to support, it is easier to cause letters and visits. Considering social stability factors, the execution judge often can only seal up but can not actually control it, resulting in difficult disposal. Such cases can only be closed by the end of this execution procedure.

IV. suspension and suspension of execution

Article 263 of the civil procedure law stipulates that the people's court shall rule to suspend the execution, including: the applicant indicates that the execution can be postponed; An outsider raises a justified objection to the subject matter of execution; When a citizen who is a party dies, he needs to wait for his successor to inherit his rights or assume his obligations; The legal person or other organization as a party terminates, and the successor of rights and obligations has not been determined. After the suspension of execution disappears, the execution shall be resumed. It can be seen that the suspension of execution is due to special circumstances encountered in the execution process. Pressing the pause key in the execution process is not the way to close the case. The execution should continue after the middle cause disappears. Both the termination of this execution procedure and the termination of execution are the closing methods of temporarily withdrawing from the execution procedure, helping the court to improve the closing rate index.

The so-called suspension of execution means that in the course of execution, the person subjected to execution provides a guarantee to the people's court, and with the consent of the person applying for execution, the people's court may decide on the suspension of execution and the period of suspension of execution. If the person subjected to execution still fails to perform within the time limit, the people's court shall have the power to enforce the property guaranteed by the person subjected to execution or the property of the guarantor. The suspension of execution is the temporary delay of the execution procedure. It is a delaying tactic of the person subjected to execution. Under the premise of retaining the previous execution results, a certain guarantee is provided. The period of suspension of execution shall be consistent with the guarantee period, and shall not exceed one year at most. If the person subjected to execution or the guarantor transfers, conceals, sells or damages the guaranteed property during the period of suspension of execution, the people's court may resume compulsory execution.

Lawyer's suggestion: in judicial practice, it is necessary to clarify the distinction between the six settlement methods: completion of execution, termination of this execution procedure, termination of execution, cancellation of case, refusal of execution and rejection of application. If the parties find that the settlement method does not conform to the legal procedure, they should raise an objection to the execution in time to safeguard their legitimate rights and interests.