| In March 2016,the work report of the Supreme People’s Court proposed "to spend two to three years solving the problem of difficult enforcement basically".Although since then,courts across the country have continuously deepened the reform of the enforcement system and mechanism and achieved this goal on schedule,in terms of the enforcement of criminal property-oriented judgments,the problem of difficult enforcement still exists and is relatively prominent.Combined with the fact that the Supreme People’s Procuratorate proposed to carry out prosecutorial supervision on the execution of property punishment at the same time,it shows that the enforcement of property punishment and other criminal property-oriented judgments can no longer meet the requirements of the existing enforcement objectives and needs to be changed urgently.On this basis,the enforcement of criminal property-oriented judgments by the ExecutiveBoard of the X District Court in N City,Guangxi,from 2015 to 2018 was investigated and studied.It was known that the overall closing rate of cases about the enforcement of criminal property-oriented judgments in this court was not high,and the in-position rate of enforcement was generally low.70 percent of the cases needed to be transferred by the criminal court for enforcement,and the persons subject to enforcement in nearly half of the cases were obviously in quite poor economic situation.Moreover,victims in about three quarters of the cases needed to get property back or to be compensated.It was also found that there were some problems in the enforcement of criminal property-oriented judgments in this court,such as unclear execution applicant of the case transferred by the criminal court,stagnation of enforcement when criminal property-oriented judgments bore joint responsibility,limited restriction on breach of faith,extensive management of cases about the enforcement of criminal property-oriented judgments,weak prosecutorial supervision of property punishment execution and so on.In order to improve the enforcement of criminal property-oriented judgments and promote their effective enforcement,it was believed that the criminal court should be clearly defined as the execution applicant of the cases transferred for enforcement,the enforcement when criminal property-oriented judgments bear joint responsibility should be flexible,the suitable restrictive measures on breach of faith should be increased,the cases about enforcement of criminal property-oriented judgments should be managed separately,and theprosecutorial supervision of property punishment execution should be strengthened. |
