Supreme Court: Coercive measures for the cautious use of seizure and freezing of enterprises

Xinhua Beijing, June 7 (reporter Yang Weihan) The Supreme People's Court 7th issued "on the response to the international financial crisis to do a good job of the current implementation of a number of views", "for the execution of the state-owned large and medium-sized enterprises, financial institutions, listed companies or state-controlled listed companies, If the enforcement measures against their assets may result in their bankruptcy or affect social stability, they may take the initiative to communicate and coordinate with their state-owned asset management departments and regulatory departments, and strive for their overall consideration, to help them solve their debt problems and to prevent the smooth and long-term development of the enterprises. "The international financial crisis has a wide impact and long influence on all aspects of our economic life." "The executive director of the Supreme People's Court, Sulingyu said, should also see that the financial crisis on China's different areas of the impact is different, even the same region, export-oriented, labor-intensive and other types of enterprises, the state-owned large and medium-sized enterprises, listed companies or state-controlled listed companies, financial institutions, Private enterprises and other enterprises of different nature of the impact is also different. This requires all levels of courts in the implementation of the specific circumstances of the specific analysis, from the reality of each case, according to the different characteristics of the implementation of a strong targeted plan. "In view of this, a number of views have been raised, for the temporary shortage of funds, but still in the normal production and operation status, the development prospects of the implementation of the enterprise, the seizure, seizure, freezing and other enforcement measures and fines, detention and other coercive measures, to do more to carry out reconciliation work, to seek the application of the executor agreed to delay the implementation of the Enterprise　　To maintain the normal operation of enterprises to help difficult enterprises tide over the difficulties. Sulingyu said enforcement measures such as seizure, seizure, freezing, auction and sale, as well as fines, detention and other coercive measures were strong backing for the smooth implementation of the case, but should be used flexibly in the current situation. For example, for the factory being used by the executed enterprise, the main production facilities, such as machinery and equipment, the use of seizure, auction and sale, such as the implementation of measures; If the relevant production facilities are to be seized, seizure measures may be taken, but they should be allowed to be used by the executor and the supervision of the seized assets should be strengthened; for the controlled enterprise　　It is necessary to choose the appropriate disposal time and disposal method to realize the value of carrying out the property to the maximum extent. "Several views" pointed out that for the implementation of enterprises are being used in the plant, machinery and equipment and other major production facilities, cautious use of seizure, auction and sale of the implementation measures. To organize the parties ' consultation in time to make the applicant agree to give the executed person enterprise a buffer time by means of the production facility mortgage. If it is necessary to seize the relevant production facilities, the seizure measures may be taken, but they should be allowed to be used by the executor and the supervision of the seized assets should be strengthened.　　When dealing with the enterprise assets of the executed person, the effect of the overall balance division and the whole disposal of the enterprise assets can minimize the impact on the whole production and operation of the enterprise or the derogatory value of the property. At the same time, "some opinions" also suggested that for the controlled enterprise assets, we should choose the appropriate disposal time and disposal way, the greatest degree of realThe value of the property is implemented to avoid a significant disparity between the realizable value of the property disposal and the actual value caused by hasty and hasty execution, thereby aggravating the burden of the person being executed and even damaging its lawful interests. Sulingyu said that the court should try to seek the application of the executor agreed to delay the implementation of the company's performance period to maintain the normal operation of enterprises, to help difficult enterprises tide over the difficulties. For the plant, machine equipment and other major production facilities being used by the enterprise, we should organize the parties ' consultation in time to make the applicant agree to give the executed enterprise a buffer time by means of the production facility mortgage.