Wang Guoji

Recently, the Qingshan District Court of Wuhan City issued the first "Pre-execution Cancellation Certificate", which solved specific enforcement problems and optimized the allocation of judicial resources.

The "pre-execution and revocation" system means that if the people's court discovers that the debtor involved in the case has other cases involved in the enforcement and has been terminated by the court because there is "no property available for enforcement", or if it is ascertained that the debtor "does not have any property available for enforcement", the people's court may, upon application, issue a Certificate of Pre-execution and Revocation, and the financial institution may use the certificate to write off the non-performing debts.

In the case of a financial dispute between a bank and Li, after the court judgment took effect, Li failed to perform his due obligations, and the bank applied to the Qingshan District Court for compulsory enforcement. When the Qingshan District Court filed the case for review, it was found that Li had been ruled to terminate the enforcement procedure in other cases because he had no property available for enforcement. Considering the actual situation of the case, in order to improve the efficiency of enforcement and safeguard the legitimate rights and interests of the applicant, the Qingshan District Court decided to issue a "Pre-execution Cancellation Certificate" to a bank.

An agent of a bank sighed: "In the process of collecting arrears, we have learned that the economic situation of the person subject to enforcement is not good, and it is difficult to perform the debt in the short term. However, according to the process, it still requires a lot of time and effort to execute the application. The advent of the "Pre-execution Cancellation Certificate" allows us to handle follow-up matters more flexibly and reduce the burden. ”

At present, some persons subject to enforcement have been in a state of no property available for enforcement for a long time, resulting in an impasse in the enforcement procedure, which not only occupies a large amount of judicial resources, but also makes it difficult for the rights and interests of the applicant to be protected in a timely manner.

In the next step, the Qingshan District Court will further improve the "pre-execution and abolition" mechanism, strengthen communication and cooperation with all parties, continuously optimize the enforcement process, inject new vitality into judicial enforcement, and provide a more solid judicial guarantee for social and economic development and the construction of the rule of law. (Fang Hanshen, Xie Min)