After investigation, the trial of such cases in the Central Standing Committee met the following three difficulties:
1, difficult delivery, the case of normal hearing blocked. Defendants debt "on foot" bankruptcy reorganization, detained on suspicion of economic crimes and other reasons unknown. These cases are very difficult to reach the Court, resulting in some cases were suspended, affecting the normal hearing.
2, multi-jurisdictional objection, long case processing time. Financial institutions often with the borrower agreed to the signing of the loan agreement, the two sides dispute the location of the lender in court of competent jurisdiction to resolve disputes. But after entering the litigation, there are nearly thirty percent of cases the jurisdiction of the defendant objection to the application and appeal on the ground involved in regional, level, and other specified jurisdiction. After investigation, the defendant made it clear that because of funding difficulties and deliberately prolonged litigation time, this phenomenon is caused by the objective to extend the trial period of the case.
3, the implementation is difficult, the party's debt can not be fully realized. Financial borrowings subject generally larger cases, property preservation work directly affect the implementation of the results of judgments. But the situation in the property preservation process often encountered is that the same property has been closed down a number of courts, bank account no nothing, hard to ensure the interests of the parties. By analyzing the case, they found that most of the loan contract and mortgage guarantee contract signed at the same time, financial institutions other rights exist for the mortgage, pledge of rights have not been registered, signed a contract guarantor unaccounted etc. lax review, resulting in secured property flaws. This situation creates difficult judgment enforcement creditor financial institutions can not be fully realized.
Second, countermeasures
To solve these problems, we should strengthen the following aspects:
1, do filing review to ensure normal service. Require the plaintiff to the defendant to provide as detailed a variety of contact details; for cases not properly served public notice as soon as possible; for the mutual association of multi-accused cases, as much as possible pending litigation unity agents.
2, good explanation, and protect normal hearing limit. The defendant is the case in the field of more parties, the provisions of the Court's jurisdiction to Beijing, trial norms do not understand, after filing should get in touch with the parties, the relevant provisions were in Beijing to inform and explain, to promote the smooth progress of the trial.
3, strengthen communication and exchanges with financial institutions to help them raise awareness reviewed secured property. It emphasizes rigorous review before signing the contract, the contract importance of attention to regulation, reducing the guarantee contract vulnerabilities, protect the legitimate rights and interests of the parties in the form of recommendations by Justice; grasp the changes in risk lending business aspect through feedback from relevant units, Update the trial judge's thinking, and better safeguard the social and economic development environment, to achieve a win-win legal and social effects.
