活封活扣
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最高法:审慎适用强执措施,对超12万家涉案企业“活封活扣”
2 1 Shi Ji Jing Ji Bao Dao· 2026-02-04 11:08
(文章来源:21世纪经济报道) 2026年2月4日,最高人民法院召开新闻发布会,介绍规范涉企执法司法专项行动工作情况。各地法院依 法审慎适用强制执行措施,对12.06万家涉案企业采取"活封活扣"措施,涉及案件14.88万件、执行标的 3604亿元,最大程度降低强制执行措施对企业正常生产经营活动的影响。 最高人民法院执行局副局长王富博表示,对于有发展前景、暂时陷入困境的被执行企业,不是简单 地"一封了之""一拍了之",而是优先采取"活封活扣"措施,允许被执行企业在法院监督下继续使用被查 封的厂房、设备进行生产,保障其"造血"功能,为企业脱困再生、重返市场创造条件。 21世纪经济报道记者章驰 ...
河南睢县:“活封活扣”巧执行,护企纾困促双赢
Zhong Guo Fa Zhan Wang· 2025-07-25 08:07
Core Viewpoint - The article discusses the innovative "live sealing and live deduction" execution model implemented by the Suixian People's Court to address the challenges faced by enterprises in a complex economic environment, balancing the protection of creditors' rights with the survival and operational capacity of businesses [1][5]. Group 1: Execution Model Innovation - The "live sealing and live deduction" model aims to replace harsh measures with flexible strategies, allowing enterprises to maintain their operational capabilities while ensuring creditors' rights are protected [1][5]. - Since 2025, the court has seen a 35% year-on-year increase in cases resolved through flexible sealing, with the actual amount executed in enterprise cases rising by 40% [1]. Group 2: Mechanisms for Execution - A "live sealing" identification mechanism has been established, focusing on key enterprise cases by assessing asset status, industry outlook, repayment willingness, and operational viability [2]. - Essential production materials and equipment are subject to "live sealing," allowing companies to continue operations under court supervision, while non-core or idle assets are handled through traditional sealing methods [2]. - An innovative asset replacement mechanism has been explored, allowing companies to replace sealed key production equipment or liquid funds with effective guarantees or easily liquidated assets [2]. Group 3: Risk Management - A dynamic supervision system has been created for enterprises under the "live sealing and live deduction" model, requiring regular reporting on production, finances, and the use of sealed assets [3]. - A special joint fund account is mandated for sales proceeds, ensuring that funds are used for debt repayment and essential operational expenses [3]. - A risk warning and interruption mechanism is in place to convert "live sealing" to "dead sealing" if high-risk behaviors are detected, ensuring accountability [3]. Group 4: Collaborative Resolution - The court has integrated mediation processes at critical stages of execution to facilitate settlements, promoting the dual benefits of the "live sealing and live deduction" model [4]. - A "government-court linkage" mechanism supports key enterprises facing temporary difficulties, coordinating government assistance in policy support and financing [4]. - A "credit incentive" system is being explored to help enterprises restore credit and market presence after fulfilling settlement agreements [4]. Group 5: Overall Impact - The "live sealing and live deduction" model represents a balanced approach between judicial authority and enterprise survival, contributing to a favorable business environment and supporting economic development [5]. - The court's ongoing commitment to a civil execution philosophy aims to continuously improve the execution mechanism, providing robust judicial support for high-quality economic and social development [5].