Decision of the Supreme People's Court on Revising 18 Judicial Interpretations on Enforcement Cases Including the Provisions of the Supreme People's Court on Several Issues concerning People's Courts' Seizure of Goods Transported by Rail
Decision of the Supreme People's Court on Revising 18 Judicial Interpretations on Enforcement Cases Including the Provisions of the Supreme People's Court on Several Issues concerning People's Courts' Seizure of Goods Transported by Rail
Decision of the Supreme People's Court on Revising 18 Judicial Interpretations on Enforcement Cases Including the Provisions of the Supreme People's Court on Several Issues concerning People's Courts' Seizure of Goods Transported by Rail
Fa Shi [2020] No.21
December 29, 2020
The Decision of the Supreme People's Court on Revising 18 Judicial Interpretations on Enforcement Cases Including the Provisions of the Supreme People's Court on Several Issues concerning People's Courts' Seizure of Goods Transported by Rail, which was adopted at the 1823rd meeting of the Judicial Committee of the Supreme People's Court on December 23, 2020, is hereby promulgated, and shall come into force as of January 1, 2021.
Decision of the Supreme People's Court on Revising 18 Judicial Interpretations on Enforcement Cases Including the Provisions of the Supreme People's Court on Several Issues concerning People's Courts' Seizure of Goods Transported by Rail
(Adopted at the 1823rd meeting of the Judicial Committee of the Supreme People's Court on December 23, 2020, and effective from January 1, 2021)
It was decided at the 1823rd meeting of the Judicial Committee of the Supreme People's Court in light of the needs of trial and enforcement practices that 18 judicial interpretations including the Provisions of the Supreme People's Court on Several Issues concerning People's Courts' Seizure of Goods Transported by Rail will be revised as follows:
I. Revisions to the Provisions of the Supreme People's Court on Several Issues concerning People's Courts' Seizure of Goods Transported by Rail
Article 3 is revised to read:
"The people's court shall prepare a ruling with a notice of assistance in enforcement when seizing goods transported by rail attached. The notice of assistance in enforcement shall specify: the departure station and the arrival station of the seized goods, the names of the consignor and the consignee, and the name, quantity and waybill number of the goods. Where the goods are seized before delivery, the people's court shall serve the copy of the ruling and the notice of assistance in enforcement on the railway transport enterprise at the place of origin for assistance in enforcement; where the goods are seized after delivery, the people's court shall serve the copy of the ruling and the notice of assistance in enforcement on the railway transport enterprise at the place of destination or the nearest transfer marshaling station for assistance in enforcement.
The people's court shall generally not seize goods transported by rail at a halfway station or transfer station. When necessary, the goods may be seized at the nearest transfer marshaling station or eligible station under the condition that it does not affect the normal railway transport order and does not harm the legitimate rights and interests of other natural persons, legal persons and organizations other than legal persons.
Where the people's court decides to seize the goods subject to international railway multimodal transport, it shall notify the railway transport enterprise, Customs, border defense department and commodity inspection department to assist in the enforcement. Where the seized goods are imported goods, the people's court shall serve a copy of the ruling and the notice of assistance in enforcement on the import frontier (border) station of China, the arrival station or the relevant department; where the seized goods are exported goods, the people's court shall serve a copy of the ruling and the notice of assistance in enforcement on the departure station or the relevant department before the goods are delivered, and on the exit station of China or the relevant department after the goods are delivered but before they leave the frontier (border) of China."
II. Revisions to the Reply of the Supreme People's Court on Issues concerning Whether Industry-specific Labor Unions and Grassroots Labor Unions Are Qualified as Juridical Associations and Whether the Collective Account for Labor Union Funds Can Be Frozen or Its Funds Can Be Transferred
1. The name is revised to:
Reply of the Supreme People's Court on Issues concerning Whether Industry-specific Labor Unions and Grassroots Labor Unions Are Qualified as Social Organization Legal Persons and Whether the Collective Account for Labor Union Funds Can Be Frozen or Its Funds Can Be Transferred
2. The introduction is revised to read:
"The requests of the higher people's courts of the relevant provinces including Shandong Province for instructions on how to determine the qualification of industry-specific labor unions and grassroots labor unions for social organization legal person and seizure, detainment, freezing and transfer of property and funds of labor unions in the trial have been received. After research, the reply is as follows:"
3. Article 1 is revised to read:
"It is directly stipulated in the Labor Union Law of the People's Republic of China (the 'Labor Union Law') that industry-specific labor unions shall have the status of social organization legal person, and they are not required to handle legal person registration according to the law. Where a grassroots labor union that meets the conditions stipulated in the Civil Code of the People's Republic of China, the Labor Union Law and the Constitution of the Chinese Trade Unions is established upon approval of a labor union at the next higher level, it has the status of social organization legal person. In the hearing of cases, people's courts shall review the legal status of grassroots labor unions as social organization legal persons strictly in accordance with the conditions for social organization legal persons as stipulated by laws. Industry-specific labor unions and grassroots labor unions with the status of social organization legal person are legal person entities independent of profit-making legal persons that establish such labor unions. Enterprises or labor unions of enterprises shall bear civil liabilities respectively for economic disputes involving them. A superior labor union that fails to strictly review or falsely reviews whether a grassroots labor union meets the conditions for social organization legal persons as prescribed by laws shall bear civil liability corresponding to its fault."
III. Revisions to the Provisions of the Supreme People's Court on Issues concerning Whether People's Courts Can Freeze and Deduct Deposits for the Issuance of Letters of Credit
Article 1 is revised to read:
"When hearing or enforcing a case, the people's court may freeze the deposit for the issuance of letters of credit in accordance with the law, but shall not make deductions. If the party concerned or the issuing bank believes that a certain fund frozen and deducted by the people's court belongs to the deposit for the issuance of letters of credit, it/he shall raise an objection in accordance with the law and provide the relevant evidence. After investigations, the people's court may deal with the above case in accordance with the following principles: if the fund involved is indeed the deposit for issuance of letters of credit, no deduction shall be made; if the issuing bank has fulfilled its payment obligation, the people's court shall, in accordance with the application of the bank, immediately unfreeze the corresponding part of the deposit for the issuance of letters of credit; if the deposit for the issuance of letters of credit provided by the party applying for the issuance is foreign exchange, and the party concerned also provides evidence to prove that the documents provided by the beneficiary of the letter of credit are consistent with the terms of the letter of credit, the people's court shall immediately unfreeze such deposit."
IV. Revisions to the Reply of the Supreme People's Court on Issues concerning Whether Enforcement Measures Can Be Taken against Receipt-based Treasury Bonds Deposited in Banks by Persons Subject to Enforcement
The second paragraph of the text is revised to read:
"The receipt-based treasury bonds deposited by a person subject to enforcement in a bank are negotiable securities with principal and interest repaid at maturity that the person subject to enforcement entrusts to the bank for management. They are similar in nature to the bank's time savings deposits and belong to the property of the person subject to enforcement. According to Article 242 of the Civil Procedure Law of the People's Republic of China, people's courts have the right to freeze or transfer the receipt-based treasury bonds deposited in banks by persons subject to enforcement. The relevant bank shall transfer the principal and interest to the enforcement applicant in accordance with the notice of assistance in enforcement issued by the people's court."
V. Revisions to the Provisions of the Supreme People's Court on Several Issues concerning the Judicial Enforcement of People's Courts (for Trial Implementation)
1. Article 2 is revised to read:
"The enforcement agency shall be responsible for the enforcement of the following valid legal documents:
(1) civil and administrative judgments, adjudications and mediation documents, civil sanction decisions, payment orders, and judgments, adjudications and mediation documents of civil suit collateral to criminal proceedings, and criminal judgments involving property, as issued by the people's courts;
(2) administrative sanction decisions and administrative handling decisions that are to be enforced by the people's courts according to the law;
(3) arbitration awards and mediation documents issued by China's arbitration agencies; decisions on the property preservation or evidence preservation made by the people's courts in accordance with the Arbitration Law of the People's Republic of China;
(4) documents of creditors' rights for which a notary agency has conferred the effect of compulsory enforcement in accordance with the law;
(5) judgments and verdicts made by foreign courts and arbitration awards made by foreign arbitration agencies the validity of which is acknowledged by the people's court; and
(6) other legal documents that are to be enforced by the people's court as stipulated by applicable laws."
2. Article 3 is revised to read:
"The decision on property preservation and prior enforcement made by the people's court when hearing civil or administrative cases shall generally be enforced by the enforcement agency."
3. Articles 6, 10, 28 to 32, 38, 39, 41 to 43, 45 to 47, 55, 70 to 84, 86, 87, 89, 90, 92 to 99, 102, and 111 to 124 are deleted.
4. Article 8 is revised to read:
"When performing official business, the enforcers shall produce their work certificates to the persons concerned and shall be dressed as required. If necessary, the judicial police shall participate in the enforcement."
5. Article 18 is revised to read:
"The cases of enforcement accepted by the people's courts shall be in conformity with the following requirements:
(1) the legal documents by virtue of which the application for enforcement is made or the enforcement is transferred are valid;
(2) the enforcement applicant is the right holder, the successor or assignee thereof determined in valid legal documents;
(3) the legal documents by virtue of which the application for enforcement is made contain the content of payment, with a definite object and person to be enforced;
(4) the obligor fails to perform his/her obligation within the term determined in valid legal documents; and
(5) the case is under the jurisdiction of the people's court to which the enforcement is applied.
If the application is in conformity with the said requirements, the people's court shall register the case within seven days; if the application is not in conformity with any one of the said requirements, the people's court shall decide not to accept the case within seven days."
6. Article 20 is revised to read:
"When applying for enforcement, the applicant shall submit to the people's court the following documents and certificates:
(1) the application for enforcement; the application for enforcement shall indicate the reasons and issues for such application and the object to be enforced, as well as the property status of the enforced person to the best knowledge of the applicant;
Where it is difficult for the applicant to write an application for enforcement, the said applicant may verbally file an application; the recipient of the people's court shall put the verbal application down in writing and shall have the same signed or sealed by the applicant;
Where a foreign party applies for enforcement, such foreigner shall submit the application for enforcement in Chinese; where there are special provisions in the judicial assistance treaties concluded or jointly acceded to by the country of a concerned party and China, those treaties shall govern;
(2) a copy of the valid legal documents;
(3) the identification certificate of the applicant; in the case of enforcement applied for by a natural person, his/her identification card; in the case of a legal person, a copy of its business license and identification certificate of its legal representative; in the case of any organization other than a legal person, a copy of its business license and identification certificate of its major principal;
(4) in the case of enforcement applied for by a successor or the assignee of a right, the certificate documents of succeeding or assuming such right; and
(5) other documents or certificates that are required to be submitted."
7. Article 22 is revised to read:
"The applicant may entrust an agent to apply for such enforcement. An agent under entrustment shall submit to the people's court the power of attorney, with the signature or seal of the entrustor, indicating the name or title of the agent, entrusted issues, authority and time limit.
If the agent under entrustment waives or alters civil rights, or reconciles the enforcement, or receives payment from the enforcement on behalf of the entrustor, such agent shall have the special authorization from the entrustor."
8. Article 23 is revised to read:
"The expense for applying for such enforcement shall be collected in accordance with the Measures for the Payment of Litigation Fees."
9. "Article 4 Preparation Prior to Enforcement and Ascertainment of the Property Status of the Enforced Person" is revised to "Article 4 Preparation Prior to Enforcement".
10. Article 24 is revised to read:
"The people's court shall, within ten days of receipt of an application for enforcement or a document for the handover of enforcement, issue an enforcement notice.
The execution notice shall order the enforced person to perform the obligations determined in the legal documents and inform the enforced person to assume the interest during the delay in performance or overdue fine as stipulated in Article 253 of the Civil Procedure Law."
11. Article 26 is revised to read:
"Where the enforced person fails to perform the obligations determined in valid legal documents in accordance with the enforcement notice, enforcement measures shall be taken on a timely basis.
The people's court that takes enforcement measures shall prepare the corresponding legal documents which shall be served on the enforced person."
12. Article 35 is revised to read:
"Where a natural person, as the enforced person, converts his/her incomes into savings deposits, such person shall be ordered to surrender the deposit receipt. Where such person refuses to do so, the people's court shall make a decision on the withdrawal of the deposit thereof, and send a notice of assistance in enforcement to the financial institution, which shall withdraw the deposit of the enforced person and hand it to the people's court or deposit it into the account designated by the people's court."
13. Article 54 is revised to read:
"After the investment interests of the enforced person in a corporate enterprise wholly owned are frozen, the people's court may directly make a decision on transfer to liquidate his/her debts to the enforcement applicant with the income therefrom.
The people's court may, subject to Articles 71, 72 and 73 of the Company Law of the People's Republic of China, auction, sell off, or transfer otherwise the investment interests or equities of the enforced person frozen in a limited liability company after having obtained the approval of the majority of all the shareholders. Shareholders that do not consent to the transfer shall purchase the investment interests or equities to be transferred; or otherwise, they shall be deemed as consenting to the transfer, and the enforcement shall not be prejudiced.
The people's court may also allow and supervise the enforced person to transfer his/her investment interests or equities him/herself and to liquidate the debts and pay the enforcement applicant using the income therefrom."
14. Article 57 is revised to read:
"Where valid legal documents expressly state that the enforced person has delivered a specific object, the original goods shall be enforced.
......
Fa Shi [2020] No.21
December 29, 2020
The Decision of the Supreme People's Court on Revising 18 Judicial Interpretations on Enforcement Cases Including the Provisions of the Supreme People's Court on Several Issues concerning People's Courts' Seizure of Goods Transported by Rail, which was adopted at the 1823rd meeting of the Judicial Committee of the Supreme People's Court on December 23, 2020, is hereby promulgated, and shall come into force as of January 1, 2021.
Decision of the Supreme People's Court on Revising 18 Judicial Interpretations on Enforcement Cases Including the Provisions of the Supreme People's Court on Several Issues concerning People's Courts' Seizure of Goods Transported by Rail
(Adopted at the 1823rd meeting of the Judicial Committee of the Supreme People's Court on December 23, 2020, and effective from January 1, 2021)
It was decided at the 1823rd meeting of the Judicial Committee of the Supreme People's Court in light of the needs of trial and enforcement practices that 18 judicial interpretations including the Provisions of the Supreme People's Court on Several Issues concerning People's Courts' Seizure of Goods Transported by Rail will be revised as follows:
I. Revisions to the Provisions of the Supreme People's Court on Several Issues concerning People's Courts' Seizure of Goods Transported by Rail
Article 3 is revised to read:
"The people's court shall prepare a ruling with a notice of assistance in enforcement when seizing goods transported by rail attached. The notice of assistance in enforcement shall specify: the departure station and the arrival station of the seized goods, the names of the consignor and the consignee, and the name, quantity and waybill number of the goods. Where the goods are seized before delivery, the people's court shall serve the copy of the ruling and the notice of assistance in enforcement on the railway transport enterprise at the place of origin for assistance in enforcement; where the goods are seized after delivery, the people's court shall serve the copy of the ruling and the notice of assistance in enforcement on the railway transport enterprise at the place of destination or the nearest transfer marshaling station for assistance in enforcement.
The people's court shall generally not seize goods transported by rail at a halfway station or transfer station. When necessary, the goods may be seized at the nearest transfer marshaling station or eligible station under the condition that it does not affect the normal railway transport order and does not harm the legitimate rights and interests of other natural persons, legal persons and organizations other than legal persons.
Where the people's court decides to seize the goods subject to international railway multimodal transport, it shall notify the railway transport enterprise, Customs, border defense department and commodity inspection department to assist in the enforcement. Where the seized goods are imported goods, the people's court shall serve a copy of the ruling and the notice of assistance in enforcement on the import frontier (border) station of China, the arrival station or the relevant department; where the seized goods are exported goods, the people's court shall serve a copy of the ruling and the notice of assistance in enforcement on the departure station or the relevant department before the goods are delivered, and on the exit station of China or the relevant department after the goods are delivered but before they leave the frontier (border) of China."
II. Revisions to the Reply of the Supreme People's Court on Issues concerning Whether Industry-specific Labor Unions and Grassroots Labor Unions Are Qualified as Juridical Associations and Whether the Collective Account for Labor Union Funds Can Be Frozen or Its Funds Can Be Transferred
1. The name is revised to:
Reply of the Supreme People's Court on Issues concerning Whether Industry-specific Labor Unions and Grassroots Labor Unions Are Qualified as Social Organization Legal Persons and Whether the Collective Account for Labor Union Funds Can Be Frozen or Its Funds Can Be Transferred
2. The introduction is revised to read:
"The requests of the higher people's courts of the relevant provinces including Shandong Province for instructions on how to determine the qualification of industry-specific labor unions and grassroots labor unions for social organization legal person and seizure, detainment, freezing and transfer of property and funds of labor unions in the trial have been received. After research, the reply is as follows:"
3. Article 1 is revised to read:
"It is directly stipulated in the Labor Union Law of the People's Republic of China (the 'Labor Union Law') that industry-specific labor unions shall have the status of social organization legal person, and they are not required to handle legal person registration according to the law. Where a grassroots labor union that meets the conditions stipulated in the Civil Code of the People's Republic of China, the Labor Union Law and the Constitution of the Chinese Trade Unions is established upon approval of a labor union at the next higher level, it has the status of social organization legal person. In the hearing of cases, people's courts shall review the legal status of grassroots labor unions as social organization legal persons strictly in accordance with the conditions for social organization legal persons as stipulated by laws. Industry-specific labor unions and grassroots labor unions with the status of social organization legal person are legal person entities independent of profit-making legal persons that establish such labor unions. Enterprises or labor unions of enterprises shall bear civil liabilities respectively for economic disputes involving them. A superior labor union that fails to strictly review or falsely reviews whether a grassroots labor union meets the conditions for social organization legal persons as prescribed by laws shall bear civil liability corresponding to its fault."
III. Revisions to the Provisions of the Supreme People's Court on Issues concerning Whether People's Courts Can Freeze and Deduct Deposits for the Issuance of Letters of Credit
Article 1 is revised to read:
"When hearing or enforcing a case, the people's court may freeze the deposit for the issuance of letters of credit in accordance with the law, but shall not make deductions. If the party concerned or the issuing bank believes that a certain fund frozen and deducted by the people's court belongs to the deposit for the issuance of letters of credit, it/he shall raise an objection in accordance with the law and provide the relevant evidence. After investigations, the people's court may deal with the above case in accordance with the following principles: if the fund involved is indeed the deposit for issuance of letters of credit, no deduction shall be made; if the issuing bank has fulfilled its payment obligation, the people's court shall, in accordance with the application of the bank, immediately unfreeze the corresponding part of the deposit for the issuance of letters of credit; if the deposit for the issuance of letters of credit provided by the party applying for the issuance is foreign exchange, and the party concerned also provides evidence to prove that the documents provided by the beneficiary of the letter of credit are consistent with the terms of the letter of credit, the people's court shall immediately unfreeze such deposit."
IV. Revisions to the Reply of the Supreme People's Court on Issues concerning Whether Enforcement Measures Can Be Taken against Receipt-based Treasury Bonds Deposited in Banks by Persons Subject to Enforcement
The second paragraph of the text is revised to read:
"The receipt-based treasury bonds deposited by a person subject to enforcement in a bank are negotiable securities with principal and interest repaid at maturity that the person subject to enforcement entrusts to the bank for management. They are similar in nature to the bank's time savings deposits and belong to the property of the person subject to enforcement. According to Article 242 of the Civil Procedure Law of the People's Republic of China, people's courts have the right to freeze or transfer the receipt-based treasury bonds deposited in banks by persons subject to enforcement. The relevant bank shall transfer the principal and interest to the enforcement applicant in accordance with the notice of assistance in enforcement issued by the people's court."
V. Revisions to the Provisions of the Supreme People's Court on Several Issues concerning the Judicial Enforcement of People's Courts (for Trial Implementation)
1. Article 2 is revised to read:
"The enforcement agency shall be responsible for the enforcement of the following valid legal documents:
(1) civil and administrative judgments, adjudications and mediation documents, civil sanction decisions, payment orders, and judgments, adjudications and mediation documents of civil suit collateral to criminal proceedings, and criminal judgments involving property, as issued by the people's courts;
(2) administrative sanction decisions and administrative handling decisions that are to be enforced by the people's courts according to the law;
(3) arbitration awards and mediation documents issued by China's arbitration agencies; decisions on the property preservation or evidence preservation made by the people's courts in accordance with the Arbitration Law of the People's Republic of China;
(4) documents of creditors' rights for which a notary agency has conferred the effect of compulsory enforcement in accordance with the law;
(5) judgments and verdicts made by foreign courts and arbitration awards made by foreign arbitration agencies the validity of which is acknowledged by the people's court; and
(6) other legal documents that are to be enforced by the people's court as stipulated by applicable laws."
2. Article 3 is revised to read:
"The decision on property preservation and prior enforcement made by the people's court when hearing civil or administrative cases shall generally be enforced by the enforcement agency."
3. Articles 6, 10, 28 to 32, 38, 39, 41 to 43, 45 to 47, 55, 70 to 84, 86, 87, 89, 90, 92 to 99, 102, and 111 to 124 are deleted.
4. Article 8 is revised to read:
"When performing official business, the enforcers shall produce their work certificates to the persons concerned and shall be dressed as required. If necessary, the judicial police shall participate in the enforcement."
5. Article 18 is revised to read:
"The cases of enforcement accepted by the people's courts shall be in conformity with the following requirements:
(1) the legal documents by virtue of which the application for enforcement is made or the enforcement is transferred are valid;
(2) the enforcement applicant is the right holder, the successor or assignee thereof determined in valid legal documents;
(3) the legal documents by virtue of which the application for enforcement is made contain the content of payment, with a definite object and person to be enforced;
(4) the obligor fails to perform his/her obligation within the term determined in valid legal documents; and
(5) the case is under the jurisdiction of the people's court to which the enforcement is applied.
If the application is in conformity with the said requirements, the people's court shall register the case within seven days; if the application is not in conformity with any one of the said requirements, the people's court shall decide not to accept the case within seven days."
6. Article 20 is revised to read:
"When applying for enforcement, the applicant shall submit to the people's court the following documents and certificates:
(1) the application for enforcement; the application for enforcement shall indicate the reasons and issues for such application and the object to be enforced, as well as the property status of the enforced person to the best knowledge of the applicant;
Where it is difficult for the applicant to write an application for enforcement, the said applicant may verbally file an application; the recipient of the people's court shall put the verbal application down in writing and shall have the same signed or sealed by the applicant;
Where a foreign party applies for enforcement, such foreigner shall submit the application for enforcement in Chinese; where there are special provisions in the judicial assistance treaties concluded or jointly acceded to by the country of a concerned party and China, those treaties shall govern;
(2) a copy of the valid legal documents;
(3) the identification certificate of the applicant; in the case of enforcement applied for by a natural person, his/her identification card; in the case of a legal person, a copy of its business license and identification certificate of its legal representative; in the case of any organization other than a legal person, a copy of its business license and identification certificate of its major principal;
(4) in the case of enforcement applied for by a successor or the assignee of a right, the certificate documents of succeeding or assuming such right; and
(5) other documents or certificates that are required to be submitted."
7. Article 22 is revised to read:
"The applicant may entrust an agent to apply for such enforcement. An agent under entrustment shall submit to the people's court the power of attorney, with the signature or seal of the entrustor, indicating the name or title of the agent, entrusted issues, authority and time limit.
If the agent under entrustment waives or alters civil rights, or reconciles the enforcement, or receives payment from the enforcement on behalf of the entrustor, such agent shall have the special authorization from the entrustor."
8. Article 23 is revised to read:
"The expense for applying for such enforcement shall be collected in accordance with the Measures for the Payment of Litigation Fees."
9. "Article 4 Preparation Prior to Enforcement and Ascertainment of the Property Status of the Enforced Person" is revised to "Article 4 Preparation Prior to Enforcement".
10. Article 24 is revised to read:
"The people's court shall, within ten days of receipt of an application for enforcement or a document for the handover of enforcement, issue an enforcement notice.
The execution notice shall order the enforced person to perform the obligations determined in the legal documents and inform the enforced person to assume the interest during the delay in performance or overdue fine as stipulated in Article 253 of the Civil Procedure Law."
11. Article 26 is revised to read:
"Where the enforced person fails to perform the obligations determined in valid legal documents in accordance with the enforcement notice, enforcement measures shall be taken on a timely basis.
The people's court that takes enforcement measures shall prepare the corresponding legal documents which shall be served on the enforced person."
12. Article 35 is revised to read:
"Where a natural person, as the enforced person, converts his/her incomes into savings deposits, such person shall be ordered to surrender the deposit receipt. Where such person refuses to do so, the people's court shall make a decision on the withdrawal of the deposit thereof, and send a notice of assistance in enforcement to the financial institution, which shall withdraw the deposit of the enforced person and hand it to the people's court or deposit it into the account designated by the people's court."
13. Article 54 is revised to read:
"After the investment interests of the enforced person in a corporate enterprise wholly owned are frozen, the people's court may directly make a decision on transfer to liquidate his/her debts to the enforcement applicant with the income therefrom.
The people's court may, subject to Articles 71, 72 and 73 of the Company Law of the People's Republic of China, auction, sell off, or transfer otherwise the investment interests or equities of the enforced person frozen in a limited liability company after having obtained the approval of the majority of all the shareholders. Shareholders that do not consent to the transfer shall purchase the investment interests or equities to be transferred; or otherwise, they shall be deemed as consenting to the transfer, and the enforcement shall not be prejudiced.
The people's court may also allow and supervise the enforced person to transfer his/her investment interests or equities him/herself and to liquidate the debts and pay the enforcement applicant using the income therefrom."
14. Article 57 is revised to read:
"Where valid legal documents expressly state that the enforced person has delivered a specific object, the original goods shall be enforced.
......