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[Currently, there are 35 articles on enforcement procedures in the Civil Procedure Law, but there are more than 1,000 judicial interpretations on compulsory enforcement in the regulatory documents of various ministries, forming a situation of "a small horse pulling a big cart" and unable to adapt to the current enforcement work.]

The Civil Enforcement Law (Draft) (hereinafter referred to as the "Draft"), which aims to solve the problem of "difficult execution" in civil cases, was terminated for review in June this year.

Recently, the website of the National People's Congress of China announced the Communiqué of the Standing Committee of the National People's Congress (No. 4, 2024). According to the "Report on the Termination of Review of the "Civil Enforcement Law of the People's Republic of China (Draft)"" submitted by the National People's Congress Constitution and Law Committee, the main reason for the termination of review of the draft is that there are major differences of opinion on major issues such as whether the separation of judicial power and executive power should be internal or external. The decision needs to be made by the Party Central Committee first, and it is not appropriate to stipulate it in the law in advance.

Ma Dengke, a professor at the School of Law of Southwest University of Political Science and Law, told Caixin that considering the reasons raised in the report, it is a normal decision to terminate the review of the draft. In the case of controversy over how to separate the power of adjudication and the power of execution, it is necessary to wait for the central government to make up its mind, weigh the pros and cons of various plans, and make a decision on the reform model of "separation of adjudication and execution" that satisfies the people and is responsible for history, and then gradually promote the legislation of civil compulsory execution.

The draft has attracted wide attention and expectations

In civil cases, enforcement is a key part of the case handling process and the "last mile" to achieve fairness and justice. Since the late 1980s, with the development of my country's economy and society, the number of litigation cases has increased significantly, and the problem of enforcement difficulties has gradually become prominent, mainly manifested in the difficulty of finding people and things, the difficulty of realizing property, the difficulty of eliminating illegal interference, and the difficulty of clearing historical debts.