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Notice by the Supreme People's Court, the Ministry of Justice, and the All China Lawyers' Association on the Issuing of the Opinions regarding Further Promoting Lawyers' Participation in the Enforcement Work of the People's Courts [Effective]
最高人民法院、司法部、中华全国律师协会印发《关于深入推进律师参与人民法院执行工作的意见》的通知 [现行有效]
【法宝引证码】

Notice by the Supreme People's Court, the Ministry of Justice, and the All China Lawyers' Association on the Issuing of the Opinions regarding Further Promoting Lawyers' Participation in the Enforcement Work of the People's Courts 

最高人民法院、司法部、中华全国律师协会印发《关于深入推进律师参与人民法院执行工作的意见》的通知

(No. 34 [2019] of the Supreme People's Court) (法发〔2019〕34号)

The higher people's courts, judicial offices (bureaus), and bar associations of all provinces, autonomous regions, and municipalities directly under the Central Government, the Military Court of the People's Liberation Army, the Production and Construction Corps branch court of the higher people's court of Xinjiang Uygur Ethnic Minority Group Autonomous Region, and the judicial bureau and the bar association of Xinjiang Production and Construction Corps: 各省、自治区、直辖市高级人民法院、司法厅(局)、律师协会,解放军军事法院,新疆维吾尔自治区高级人民法院生产建设兵团分院,新疆生产建设兵团司法局、律师协会:
For the purposes of earnestly implementing the relevant requirements as set forth in the Opinions of the Central Comprehensive Law-based Governance Commission on Strengthening Comprehensive Governance and Solving Enforcement Difficulties from the Source (No. 1 [2019], CCLGC) and coordinating joint efforts to solve difficulties in enforcement, the Supreme People's Court, the Ministry of Justice, and the All China Lawyers' Association have developed the Opinions regarding Further Promoting Lawyers' Participation in the Enforcement Work of the People's Courts, which are hereby issued to you for your conscientious implementation. 为认真贯彻落实中央全面依法治国委员会《关于加强综合治理从源头切实解决执行难问题的意见》(中法委发〔2019〕1号)有关要求,形成解决执行难工作合力,最高人民法院、司法部、中华全国律师协会研究制定了《关于深入推进律师参与人民法院执行工作的意见》。现印发你们,请认真执行。
Supreme People's Court 最高人民法院
Ministry of Justice 司法部
All China Lawyers' Association 中华全国律师协会
December 25, 2019 2019年12月25日
Opinions of the Supreme People's Court, the Ministry of Justice and the All China Lawyers' Association regarding Further Promoting Lawyers' Participation in the Enforcement Work of the People's Courts 最高人民法院、司法部、中华全国律师协会关于深入推进律师参与人民法院执行工作的意见
For the purpose of implementing the major decisions and arrangements such as “solving enforcement difficulties” and “ensuring that the prevailing parties can realize their rights and interests” as proposed at the Fourth Plenary Session of the 18th CPC Central Committee, the Opinions regarding Further Promoting Lawyers' Participation in the Enforcement Work of the People's Courts are hereby developed in accordance with the relevant laws and regulations as well as the requirements set forth in the Opinions of the Central Comprehensive Law-based Governance Commission regarding Strengthening Comprehensive Governance and Solving Enforcement Difficulties from the Source (No. 1 [2019], CCLGC) that “all regions and all departments shall actively invite professional forces to participate, establish and improve the work mechanism in which professional institutions and individuals such as arbitrators, notaries, lawyers, accountants and auditors can take a larger part and join hands to solve problems in enforcement”. 为深入贯彻落实党的十八届四中全会提出的“切实解决执行难”“依法保障胜诉当事人及时实现权益”重大决策部署,根据中央全面依法治国委员会《关于加强综合治理从源头切实解决执行难问题的意见》(中法委发〔2019〕1号)关于“各地区各部门积极引入专业力量参与执行,建立健全仲裁、公证、律师、会计、审计等专业机构和人员深度参与执行的工作机制,形成解决执行难的社会合力”要求,依照相关法律规定,就深入推进律师参与人民法院执行工作,制定本意见。
I. Recognizing the significance of lawyers' participation in enforcement   一、北大法宝深刻认识律师参与执行工作的重要意义
1. The enforcement work of the people's courts is not only an important means of ensuring that laws can be comprehensively and correctly enforced by relying on the state's compulsory power, but also an essential way to protect the lawful rights and interests of the general public and achieve social equality and justice. Since the 18th CPC National Congress and the CPC Central Committee, with President Xi Jinping at the core, has paid close attention to the enforcement work of the people's courts, and has considered the issue of enforcement difficulty as a key task of law-based governance. Therefore, significant decisions and arrangements have been made, requiring all regions and all the relevant departments to fully recognize the significance of enforcement, emphasize the implementation of responsibilities, coordinate joint efforts, and actively create a working mechanism of solving enforcement difficulties in an all-round way, from the source. 1.人民法院执行工作是依靠国家强制力确保法律全面准确实施的重要手段,是维护人民群众合法权益、实现社会公平正义的关键环节。党的十八大以来,以习近平同志为核心的党中央高度重视人民法院执行工作,将解决执行难确定为全面依法治国的重要内容,作出重大决策部署,要求各地区各有关部门充分认识执行工作重要意义,强化责任落实,形成工作合力,积极构建综合治理、源头治理执行难工作大格局。
As an important part of the socialist rule of law and the legal profession community, lawyers are a major participant in the enforcement of judgement in the people's courts, and play a significant role in the process of promoting comprehensive rule of law and building a law-based socialist country. Hence, further promoting lawyers' participation in enforcement will help implement the people-centered development concept, accomplish the mission of justice for the people, and protect the lawful rights and interests of the parties concerned according to the law. It will also help to establish and improve a long-lasting mechanism of solving problems in enforcement, enhance the capability of enforcement, and maintain effective enforcement, as well as help unify forces from all walks of life, raise public awareness of law, integrity and risks, and support comprehensive rule of law and the construction of a social credibility system. 律师作为社会主义法治工作者和法律职业共同体的重要组成部分,是人民法院审判执行活动的重要参与者,在推进全面依法治国、建设社会主义法治国家进程中发挥着重要作用。深入推进律师参与执行工作,有助于落实以人民为中心的发展思想,践行司法为民宗旨,依法保障当事人合法权益;有助于建立健全解决执行难长效机制,提升执行工作能力,保持执行工作高水平运行;有助于凝聚各方面力量,提升全社会的法治意识、诚信意识和风险意识,推进全面依法治国和社会诚信体系建设。
II. Maximizing the role of lawyers in the enforcement work   二、充分发挥律师在执行工作中的重要作用
2. Fully harnessing the role of lawyers in supporting the enforcement work of the people's courts: In recent years, as the number of enforcement cases has increased and the enforcement expertise has been constantly improved, there has been a significant demand for lawyers and other professionals to take a larger part in enforcement of judgments, and promote the timely and effective enforcement of valid legal documents through their functional work and support. In particular, thanks to such a huge demand of the parties concerned with professional knowledge, searching for people and articles, and so on, lawyers are required to play an active role in the application of laws and regulations, searching of property clues, risk assessment, and legal aid for lawful rights and interests, as well as to meet the increasing demand for justice of the people with high-quality and efficient legal services. 2.充分发挥律师对人民法院执行工作的促进作用。近年来,随着执行案件数量持续增加,执行专业化水平不断提升,亟需律师等专业力量深度参与执行,通过发挥职能作用和承担部分辅助性工作,促进生效法律文书及时有效执行。特别是,不少当事人在专业知识和查人找物等方面存在较大需求,需要律师发挥其在法律规范适用、财产线索查找、执行风险评估、合法权益救济等方面的积极作用,通过提供优质高效的法律服务,满足人民群众日益增长的司法需求。
The people's courts at various levels shall further raise their awareness of the significance of the participation of lawyers in enforcement, actively explore and create multiple working mechanisms of protecting lawyer's rights to legal practices, improving the practicing environment for lawyers, and encouraging them to participate, and providing support and convenience to them in fulfilling their duties and making full use of their strengths. 各级人民法院要进一步提高对律师参与执行重要性的认识,结合工作实际,积极探索和创新保障律师执业权利、改善律师执业环境、推动律师参与执行的各项工作机制,为律师依法履行职责、发挥优势作用提供支撑和便利。
3. Leveraging the strengths of lawyers in resolving conflicts and disputes: Enforcement often involves serious confrontations and high risks, and may easily lead to conflicts and disputes. Therefore, the role of lawyers as a bridge shall be maximized to promote communication and harmony between the parties concerned and the people's courts. Lawyers shall guide and assist parties in correctly understanding the judgments in legal documents, so as to enable them to identify the risks and results of failure to fulfill legal obligations. If parties do not agree with judgments, lawyers shall direct them to handle issues through legal procedures. If there is any possibility of reconciliation, lawyers may suggest as such and assist their clients in seeking enforcement reconciliation with the counterparties. When helping the parties prepare a reconciliation agreement, lawyers shall work diligently and professionally to ensure that the agreement is complete, standardized and feasible. If a party fails to perform an agreement, lawyers may assist their clients in applying with the people's courts to resume enforcement or file a lawsuit. 3.充分发挥律师在推进矛盾纠纷化解中的作用。执行工作对抗性强、风险性高,极易引发矛盾和冲突。要充分发挥代理律师桥梁纽带作用,促进当事人之间、当事人和人民法院之间沟通协调。代理律师要引导、协助当事人正确认识生效法律文书裁判结果,使其充分知悉拒不履行法律义务的风险和后果。当事人不认可裁判结果的,应当引导其依法通过相应程序解决。存在和解可能的,可以提出和解建议,协助委托人与对方当事人达成执行和解。协助当事人起草和解协议时,应当秉持勤勉、专业的要求,确保要素齐全、行文规范、切实可行。当事人不履行和解协议的,代理律师可以协助委托人依法向人民法院申请恢复执行或就履行执行和解协议向人民法院提起诉讼。
The people's courts at various levels shall establish and improve the mechanism of dispute resolution by diverse means for enforcement cases, encourage dispute resolution through reconciliation, explore the provision of “lawyers' voluntary services” and “lawyer mediation workshops”, support the connection between enforcement and reconciliation, and create conditions and convenience for lawyers to participate in dispute resolution as a neutral third party. 各级人民法院要建立健全执行案件多元化纠纷解决机制,鼓励通过律师调解等方式化解执行争议,探索推动设立“律师志愿服务岗”“律师调解工作室”等,做好执调对接工作,为律师以中立第三方身份参与矛盾化解创造条件和便利。
4. Maximizing the role of lawyers in the preservation of property: Lawyers shall explain all risks in litigation to parties concerned, emphasize the significance of property preservation for realizing their rights and interests, and guide parties to apply with the people's courts for property preservation in a timely manner. If parties have taken the preservation measures, lawyers shall remind them to apply to the people's courts for renewal seven days before the expiry of such preservation, and if the conditions for removing the preservation are met, lawyers shall remind parties to apply for removal of preservation in a timely manner.
......
 4.充分发挥律师在财产保全中的作用。代理律师应当向当事人充分释明诉讼风险,明确财产保全对其实现权益的重要性,引导当事人及时向人民法院申请财产保全。已经采取保全措施的,提示当事人可以在保全期限届满七日前向人民法院提出续行保全申请;符合解除保全情形的,提示当事人可以及时申请解除保全。
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