切实解决执行难,保障胜诉当事人权利实现。建立健全民事裁判文书强制执行机制,建立失信被执行人信用监督、威慑和惩戒法律制度,建立全国统一的网络执行查控体系、信用惩戒网络系统和网络司法拍卖平台。2016年至2018年9月,全国法院共受理执行案件1884万件,执结1693.8万件(含终本案件),执行到位金额4.07万亿元。规范查封、扣押、冻结、处理涉案财物的司法程序,在保障胜诉当事人权益的同时,不损害被执行人合法权利。
Effectively resolving difficulties in the execution of court rulings and ensuring the interests of successful litigants. China has established a sound mechanism for compulsory execution of civil judgment documents and a legal system of credit supervision, warning and punishment over dishonest debtors who have failed to respect judgements. It has also established a national online check and control system about the execution of court rulings, a network system for punishment of loss of credit, and a platform for online judicial auctions. From 2016 to September 2018, courts across the country heard a total of 18.84 million applications for execution, of which 16.94 million (including terminated enforcement procedures) were concluded. They involved sums amounting to RMB4.07 trillion.
China has regulated judicial procedures for securing, detaining, freezing, and handling assets involved, thus protecting the rights and interests of successful litigants while not infringing the legal rights of judgement debtors.
(四)建立严密的反腐法治体系
中国大力推进法治反腐,把权力关进制度的笼子,为加强人权法治化保障提供有力支撑。
完善反腐败体制机制。1978年,各级检察机关设立反贪污贿赂和法纪检察内设机构,严厉打击各类贪污贿赂渎职犯罪;1995年和2005年,最高人民检察院分别成立反贪污贿赂总局和反渎职侵权局;2007年,设立国家预防腐败局。2018年,通过宪法修正案并制定监察法,组建国家监察委员会,实现对所有行使公权力的公职人员监察全覆盖。
4. Establishing a Tight Rule of Law System Against Corruption
China has worked hard to promote the rule of law against corruption, and confine the exercise of power to an institutional cage, providing strong support for the legal protection of human rights.
Improving anti-corruption institutions. In 1978, procuratorial organs at all levels set up internal units to act against corruption and bribery, and units of law and discipline inspection to crack down on all crimes of corruption, bribery and malfeasance. The Supreme People’s Procuratorate set up the General Administration Against Corruption and Bribery in 1995 and the Bureau Against Malfeasance and Tort in 2005. In 2007, the National Bureau of Corruption Prevention was founded. In 2018, the Constitution of the PRC was amended, the Supervision Law was enacted, and the National Supervisory Commission was set up, covering all public officials exercising public power.