Two years ago, the People’s Republic of China starting implementing a programme for the modernisation of justice. This programme focuses on enforcement of court decisions in civil, commercial and criminal matters. The World Enforcement Conference was organised at this occasion. 300 participants from 30 countries as well as the UIHJ and the International Association of Court Administration took part in this event of unprecedented importance in this part of the world.
The UIHJ was represented by President Marc Schmitz (Belgium), 1st Vice-President Mathieu Chardon (France), Vice-president Luis Ignacio Ortega Alcubierre (Spain), Secretary Jos Uitdehaag (the Netherlands), and board members Janek Pool (Estonia), Patrick Safar (France) and Ruenvadee Suwanmongkol (Thailand). The UIHJ delegation also included Patrick Gielen, judicial officer (Belgium), and Jonathan van Leeuwen (The Netherlands), advisors to the President.
14 member countries of the UIHJ were in attendance: Algeria, Belgium, Estonia, France, Hungary, Kazakhstan, Madagascar, Mongolia, the Netherlands, Russian Federation, Slovakia, Spain, Thailand and the United Kingdom. The other participating countries were Cambodia, China, Croatia, Fiji, Guinea-Bissau, Indonesia, Mozambique, Lao, Malaysia, Pakistan, Panama, Papua New Guinea, Samoa, Singapore, Sri Lanka, and Viet-Nam.
Before the conference, the participants visited on 21 January 2019 the High People’s Court of Shanghai and its IT Department which demonstrated the full range of its modernity and efficiency.
The opening ceremony was chaired by JIANG Wei, Vice-President of the Supreme People’s Court of the People’s Republic of China. ZHOU Qiang, Chief Justice, President of the Supreme People’s Court of the People’s Republic of China welcomed all the participants. He insisted on the importance of the enforcement of court decisions as an essential element of the good administration of justice and legal security. He explained the reasons why China had decided to modernise the enforcement of court decisions, with special emphasis on the highest and more advanced and innovative Information Technologies. YIN Yicui, Chair of the Standing Committee of the Shanghai Municipal People’s Congress of the People’s Republic of China, also welcomed the participants in her City, which comprises 24.5 million inhabitants and is a crossroad between East and West. Lastly, Muhammad Hatta Ali, Chief Justice of the Supreme Court of the Republic of Indonesia, thanked the Chinese authorities of the People’s Republic of China for the organisation of the conference and its invitation.
The conference covered six topics, presented by 40 participants:
- Topic 1: New Developments of Information Technology and Its Application to Enforcement
- Topic 2: Recent Developments and Trends of Asset Search and Investigation
- Topic 3: Recent Developments and Trends of Judicial Sales
- Topic 4: Mutual Promotion between Judicial Enforcement and Social Credit System
- Topic 5: Recent Developments and Trends of Enforcement Organs and Working Mechanisms
- Topic 6: Recent Developments and Trends of Enforcement Legislations
Topic 1 (New Developments of Information Technology and Its Application to Enforcement) was chaired by LIU Guixiang, Justice, Full-time Member of the Adjudication Committee of the Supreme People’s Court of the People’s Republic of China. The speakers were ZHOU Qiang, Chief Justice, President of the Supreme People’s Court of the People’s Republic of China, Mohammed Lamouri, President of Function Chamber of the Supreme Court of the People’s Democratic Republic of Algeria, Patrick Gielen, judicial officer (Belgium), International Advisor of the Chamber of Judicial Officers of the Kingdom of Belgium, special advisor to the President of the UIHJ, Leonardo André Simbine, Justice of the Supreme Court of the Republic of Mozambique, Mark Beer, President of the International Association for Court Administration, and Jos Uitdehaag, Secretary of the board of the UIHJ.
Topic 2 (Recent Developments and Trends of Asset Search and Investigation) was chaired by LIU Xiaoyun, Justice, President of Shanghai High People’s Court of the People’s Republic of China. The speakers were Patu Sapolu, Chief Justice of the Supreme Court of the Independent State of Samoa, and YANG Wanming, Justice, Vice-President of the Supreme People’s Court of the People’s Republic of China.
Topic 3 (Recent Developments and Trends of Judicial Sales), was chaired by XIA Daohu, Justice, President of Jiangsu High People’s Court of the People’s Republic of China. The speakers were Janek Pool, President of the National Chamber of Judicial Officers and Trustees in Bankruptcy of the Republic of Estonia, member of the board of the UIHJ, Anare R. Tuilevuka, Judge of High Court of the Republic of Fiji, Tsantatiana Salama Randrianarimanna, Secretary General of the Ministry of Justice of the Republic of Madagascar, Justice Ijaz-ul-Ashan, Justice of the Supreme Court of the Islamic Republic of Pakistan, Hernán A. De Leon Batista, President of the Supreme Court of Justice of the Republic of Panama, NGUYEN Thuy Hien, Deputy Chief Justice of the Supreme People’s Court of the Socialist Republic of Viet Nam, and LIU Guixiang, Justice, Full-time Member of the Adjudication Committee of the Supreme People’s Court of the People’s Republic of China.
Topic 4 (Mutual Promotion between Judicial Enforcement and Social Credit System) was chaired by LI Zhanguo, Justice, President of Zhejiang High People’s Court of the People’s Republic of China. The speakers were Marat Aitenov, Deputy CEO and Chief Legal Officer of the Astana International Financial Center Authority of the Republic of Kazakhstan, Sonekeo Inthilard, Deputy Head of Judgment Enforcement Office, Department of Justice, Ministry of Justice of the Lao People’s Democratic Republic, Jonathan van Leeuwen, judicial officer (The Netherlands), International advisor of the Royal Professional Organisation of Judicial Officers of the Kingdom of the Netherlands, Special Advisor to the President of the UIHJ, and MENG Xiang, Senior Judge, Director-General of the Enforcement Department of the Supreme People’s Court of the People’s Republic of China.
Topic 5 (Recent Developments and Trends of Enforcement Organs and Working Mechanisms) was chaired by WU Xielin, Justice, President of Fujian High People’s Court of the People’s Republic of China. The speakers were Patrick Safar, Vice-President of French National Chamber of Judicial Officers of the Republic of France, member of the board of the UIHJ, Muhammad Hatta Ali, Chief Justice of the Supreme Court of the Republic of Indonesia, Damdinsuren Damdintseren, Deputy Chief of General Executive Agency of Court Decision Mongolia, Chief of Court Decision Implementation Department of Mongolia, Steven Chong, Justice, Judge of Appeal, the Supreme Court of the Republic of Singapore, and LIU Xiaoyun, Justice, President of Shanghai High People’s Court of the People’s Republic of China.
Topic 6 (Recent Developments and Trends of Enforcement Legislations) was chaired by GONG Jiali, Justice, President of Guangdong High People’s Court of the People’s Republic of China. The speakers were ANG Vong Vathana, Minister of Justice of the Kingdom of Cambodia, Damir Kontrec, Justice, President of the Civil Department of the Supreme Court, President of the Association of Croatian Judges of the Republic of Croatia, Rui Nené, Vice-President of the Supreme Court of Justice of the Republic of Guinea-Bissau, Khamphane Sitthidampha, President of the People’s Supreme Court of the Lao People’s Democratic Republic, Darryl Goon, Judicial Commissioner of Kuala Lumpur High Court of Malaysia, Derek Hartshon, Justice of Supreme and National Courts of the Independent State of Pupua New Guinea, Dmitrii Aristov, Director of Federal Bailiffs’ Service, Chief Bailiff of the Russian Federation, Jarmila Urbancova, Vice-President of the Supreme Court of the Slovak Republic, Nalin Perera, Chief Justice of the Supreme Court of the Democratic Socialist Republic of Sri Lanka, Ruenvadee Suvanmongkol, Director-General of Legal Execution Department of Ministry of Justice of the Kingdom of Thailand, member of the board of the UIHJ, Sir William Blair, Past Head of the Commercial Court of England and Wales of the United Kingdom of Great Britain and Northern Ireland, and JIANG Wei, Justice, Vice-President of the Supreme People’s Court of the People’s Republic of China.
At the end of the presentations, the Shanghai Declaration of the World Enforcement Conference was adopted by all the participants.
This declaration, in line with the goals of the UIHJ, as well as the active participation of the UIHJ as speaker, is very promising for an expected future collaboration of the UIHJ with the Chinese authorities and its Enforcement Service.
The closing ceremony was chaired by JIANG Wei, Justice, Vice-President of the Supreme People’s Court of the People’s Republic of China. Dmitrii Aristov, Director of Federal Bailiffs’ Service, Chief Bailiff of the Russian Federation, and ZHOU Qiang, Chief Justice, President of the Supreme People’s Court of the People’s Republic of China, participated in the ceremony. Dmitrii Aristov hailed the excellent organisation of the conference and its interest, as well as the exceptional welcome given to all during their stay in Shanghai. He announced the organisation of the 10th international theoretical and practical conference to be held in Moscow from July 30 to August 2, 2019 and invited all participants to attend. Finally, Zhou Qiang thanked all the speakers for their contributions. He welcomed the Shanghai Declaration which is a symbol of cooperation among participants and to continue this collaboration.
By organising this World Enforcement Conference and federating thirty countries, China has clearly demonstrated its willingness to play a central role in Asia in the enforcement of court decisions.
For the UIHJ, this conference marks a turning point in the history of the profession of judicial officer at global level.
Shanghai Declaration of the World Enforcement Conference
The World Enforcement Conference was convened in Shanghai, China from January 20 to 23, 2019, hosted by the Supreme People’s Court (SPC) of the People’s Republic of China, and attended by 92 participants from 29 countries and 2 international organizations.
The participants, through this conference, learned more about the efforts and achievements of the Chinese courts in “basically resolving difficulties in enforcement” and in safeguarding reform and development in accordance with law. The reform and innovation in enforcement carried forward by Chinese courts, formed a unique Chinese mode, contributed to the international practice, which promoted the advancement and development of rule of law. The participants expressed their appreciation to SPC of China for convening this conference.
Focused on the theme of “Modernization in Enforcement”, and in a friendly, pragmatic, and constructive atmosphere, the participants carried out broad-based exchanges and in-depth discussions in several areas, including new development of information technology and its application to enforcement; recent developments and trends of asset search and investigation; recent developments and trends of judicial sales; mutual promotion between enforcement and social credit system; recent developments and trends of enforcement organs and working mechanisms; and recent developments and trends of enforcement legislation.
With the objective of strengthening exchange and cooperation among enforcement organs and subject to domestic laws of the respective countries, the participants expressed the following views:
I. Efficient enforcement of effective legal instruments is of great significance to protecting the legitimate rights and interests of judgment creditors, maintaining judicial authority, and promoting the development of a society based on good faith. Enforcement organs should commit themselves to promoting new leap-forward development in enforcement.
II. Enforcement organs should prioritize and conform to the process of modernization. They should actively respond to the new situation, constantly reform and innovate, boldly undertake new missions, and improve the level of modernization in enforcement.
III. Enforcement organs should take positive and effective measures to further enhance openness and transparency in enforcement, continuously improve enforcement efficiency, avoid enforcement delays, regulate enforcement procedures, protect the parties’ right to information, and enhance judicial credibility.
IV. Enforcement organs, through enforcement activities, should be committed to strengthening protection of property rights, and promoting continuous improvement in the business environment and economic prosperity.
V. Enforcement organs should adhere to the philosophy of fair enforcement, appropriate enforcement, and enforcement based on good faith, exercise their enforcement powers prudently, balance the legitimate rights and interests of both creditors and debtors, and effectively prevent abuse of enforcement power.
VI. Enforcement organs, while respecting the parties’ privacy and ensuring information security, should aim to actively create conditions to apply, amongst others, relevant information technology in the field of enforcement, improve the efficiency of property search and investigation, control, evaluation, and disposal, effectively reduce the realization cost of creditor’s rights.
VII. Enforcement organs should enhance professional training, ensure the welfare and safety of enforcement personnel, carry out exchange and mutual visits, and thereby improve the enforcement personnel’s professional quality and security.
VIII. Enforcement organs should conduct research on enforcement principles, improve enforcement systems, explore widely-used enforcement regulations, and ensure regulated operation of enforcement powers.
Based on the achievements of this conference, the participants actively consider, through the appropriate channels, to establish a network secretariat, to deepen international communication and cooperation in this field, and strengthen the sharing of best practices, experience and outcomes.
This declaration is adopted on January 22, 2019 in Shanghai, China in Chinese and English.
