On Measures To Restrict Exit In Civil Enforcement

Restricting exit in civil enforcement is an indirect enforcement measure imposed by the people's court against the person who refuses to perform the court's effective judgment under the background of "difficult enforcement".It has made great contributions to ensuring the smooth enforcement of civil cases and tackling the "difficult enforcement".At present,China requires the construction of a social credit system.As an important joint disciplinary measure against dishonesty,the restriction of exit in civil enforcement has also played a prominent role in improving the credit system in the field of civil enforcement.However,in judicial practice,there are still many problems to be solved in the initiation and withdrawal procedures,implementation procedures and relief procedures of the measures to restrict exit in civil enforcement: in the initiation and withdrawal procedures,the threshold for the initiation and withdrawal of restrictions on exit is too low,the threshold for withdrawal is too high,and the applied executor and the enforcement judge abuse them;In the implementation procedure,the court cannot check the passport information of the person being executed online,the legality of detaining the entry and exit documents of foreigners is in doubt,the communication with foreign embassies and consulates is lacking when imposing restrictions on foreigners,the notification procedure for restrictions on exit is complicated,the time limit for border control is short,and the enforcement agencies are assisted to assist in enforcement passively.In the relief procedure,the relief procedure restricting exit lacks the first-class relief procedure compared with other enforcement measures,and it is difficult to get compensation for wrong enforcement.These problems have greatly reduced the enforcement effect of exit restriction measures in civil enforcement and even affected the overall efficiency of case enforcement.In view of the above problems,we should speed up the legislative work of civil enforcement,improve the conditions for starting and withdrawing the procedures of restrictions on exit,and require the applicants to provide guarantees.Establishing an information sharing platform from the legislative level,clarifying the responsibility of assisting the executive authorities and the status of the court's executive subject,requiring foreign embassies to be informed when imposing restrictions on foreigners,simplifying the procedures for the handover of restrictions on exit,and no longer setting a time limit for restrictions on exit;The relief procedures that restrict exit return to the relief mode of objection to enforcement actions,and clearly implement the wrong compensation procedures and standards.