Research On Executing Bank Loans

The execution of the bank borrowing and loading case has been one of the difficulties to the basic people's court in handling it. Since 2008, after a nation-wide clean-up long-pending case campain many bank borrowing and loading cases have been implemented. Through standardizing execution process, establishing joint operation mechnism, execution work has taken a great step forward, and a series of measures have been put forward to strengthen the executive force and guarantee the accomplishment of execution work. However, "difficult to execute" is still a problem which cannot be ignored in the people's court for dealing with the case. The party's conditions, such as the party's bank condition or his attitude toward the case, make "difficult to execute" even more especially prominent in the bank borrowing and loading case. The author discussed the related issues of the execution of the bank borrowing and loading case and suggested that effective measures should be adopted to enhance enforcement effectiveness in China's bank borrowing and loading cases and maintain the rights and interests of bank institutions.The paper consists of three parts as below:The first part elaborates the significance, the concept and the nature of the execution of the bank borrowing and loading case. The elaboration makes it clear that the execution of the bank borrowing and loading case is an important way to implement the legal documents, the guarantee to realize the rights and interests of bank institutions, the guarantee to force the debtor to fulfill the debt, an important form to maintain the authority of law, the embodiment of the judicial justice and justice for the people, and the fundament to ensure the existence and the development of civil litigation system. Besides, the execution of the bank borrowing and loading case is the civil enforcement program to realize the legal rights of the bank institutions. If the debtor don't perform his debt, the bank institutions can put forward the application to the people's court for execution, and the people's court in accordance with statutory procedures, using national mandatory force, take compulsory means to force the debtor to perform his debt according to the content of the people's court documents. Further more, the execution of the bank borrowing and loading case fully embodies the national will by using national mandatory force. It is a part of the civil lawsuit procedure and also the final one, but not the necessary procedure. It is the characteristics of china to achieve adjudication and execution separation, and owns the characteristics of both judicial and administrative acts.The second part analyzes the main problems in the execution of the bank borrowing and loading case. The main problems are demonstrated in the following three aspects during the process of the basic people's court in handling the execution of the bank borrowing and loading case:the damage to the basic rights and interests of the parties, the violation of the basic theory of litigation system, and the destroy to the civil enforcement procedures. The fundemental reasons for these probloms above include the lack of the specific provisions in legislation, the lack of efficient handling procedure on operation, and the lack of the flexible handling mechanism in internal control.The third part fully discusses tactics and countermeasures in the execution of the bank borrowing and loading case. Firstly the specific provisions in legislation should be perfected in the execution of the bank borrowing and loading case. It includes the idea of the compulsory execution to the debtor by omitting the execution notice, the procedure and the provision of repayment of the loan principal and interests during the implementation jointly issued by the supreme people's court and the people's bank, and the proposal to establish the corresponding national assets and liabilities declaration system. Secondly, the processing power should be improved in the operation of the case. It includes the theoretic professional knowledge training and practical skills training to the execution officer to strengthen their theoretic base and eliminate arbitrariness. And the basic people's court should make the execution officer clearly know the required time that the people's court exams and approve such case. Thirdly, the flexible handling mechanism in internal control should be strengthened. When the court issued the executive notice, the amount of the debtor's arrears of the principal, the interest calculation way and the specific amount of a penalty in a definite day should be clearly listed. What's more, the bank institutions should strengthen their internal flexible handling mechanism, etc.