Provisions of the Supreme People's Court on Several Issues Concerning the Judicial Enforcement of People's Courts (for Trial Implementation) (Amended in 2020)
Provisions of the Supreme People's Court on Several Issues Concerning the Judicial Enforcement of People's Courts (for Trial Implementation) (Amended in 2020)
Provisions of the Supreme People's Court on Several Issues Concerning the Judicial Enforcement of People's Courts (for Trial Implementation) (Amended in 2020)
Fa Shi [2020] No.21
December 29, 2020
(Adopted at the 992nd meeting of the Judicial Committee of the Supreme People's Court on June 11, 1998; revised in accordance with 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 adopted at the 1823rd meeting of the Judicial Committee of the Supreme People's Court on December 23, 2020)
In order to ensure the correct application of laws in enforcement procedures, effectively implement valid legal documents on time, and maintain the lawful rights and interests of concerned parties, we hereby set forth the following provisions on several issues concerning the enforcement by people's courts in accordance with the Civil Procedure Law of the People's Republic of China (hereinafter referred to as the "Civil Procedure Law") and other relevant provisions of applicable laws, taking into account the practical experience of the people's courts in enforcement.
I. Enforcement Agency and Its Functions
1. The people's courts may, in accordance with provisions of applicable laws and as necessary, establish an enforcement agency to be responsible for the enforcement.
2. 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.
3. 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.
4.The case the trial of which is completed by a people's court shall be enforced by the same people's court. For complicated and difficult cases or for cases in which the enforced person is not within the jurisdiction of the court, they shall be enforced by the enforcement agencies.
5. Any significant issue arising from the enforcement procedure shall be discussed by more than three enforcers and shall be subject to the approval by the court president.
6. The enforcement agency shall be equipped with necessary vehicles, communication devices, audio and video devices and police apparatuses etc. so as to ensure timely and effective performance of duties.
7. 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.
8. The enforcement agencies of superior people's courts shall be responsible for the supervision, guidance and coordination of the enforcement activities of their subordinate people's courts.
II. Enforcement Jurisdiction
9. If in the process of domestic arbitration, a concerned party makes an application for property preservation and the arbitration agency submits such application to the people's court, such application shall be judged and enforced by the basic people's court of the place where the domicile of the respondent is located or where the properties that are subject to the application for preservation are located; the application made by a concerned party for evidence preservation shall be judged and enforced by the basic people's court of the place where the evidence is located.
10. If in the process of foreign-related arbitration, a concerned party makes an application for property preservation and the arbitration agency submits such application to the people's court, such application shall be judged and enforced by the intermediate people's court of the place where the domicile of the respondent is located or where the properties that are subject to the application for preservation are located; the application made by a concerned party for evidence preservation shall be judged and enforced by the intermediate people's court of the place where the evidence is located.
11. The disposal and punishment decisions made by patent administrative authorities in accordance with applicable laws shall be enforced by the intermediate people's court with the authority to accept patent dispute cases in the province, autonomous region or municipality directly under the Central Government where the domicile of the enforced is located or where the properties are located.
12. The disposal and punishment decisions made by all departments of the State Council, the people's government of all provinces, autonomous regions and municipalities directly under the Central Government, and the customs in accordance with applicable laws and regulations shall be enforced by the intermediate people's court of the place where the domicile of the enforced person is located or where the properties are located.
13. In case there are more than two people's courts having the jurisdiction, a concerned party may apply for the enforcement with one of those people's courts; if the concerned party applies for the enforcement with more than two people's courts, the people's court which firstly registers the case shall govern.
14. In the event of an enforcement jurisdictional dispute between two or more people's courts, it shall be resolved by the disputing parties through consultation; if the consultation fails, it shall be reported to their common superior people's court for the designation of jurisdiction.
15. In case that the cases of enforcement under the jurisdiction of basic or intermediate people's courts need to be enforced by their superior people's courts because of particular reasons, such cases may be reported to superior people's courts for enforcement.
III. Application for and Transfer of Enforcement
16. 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.
17.
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Fa Shi [2020] No.21
December 29, 2020
(Adopted at the 992nd meeting of the Judicial Committee of the Supreme People's Court on June 11, 1998; revised in accordance with 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 adopted at the 1823rd meeting of the Judicial Committee of the Supreme People's Court on December 23, 2020)
In order to ensure the correct application of laws in enforcement procedures, effectively implement valid legal documents on time, and maintain the lawful rights and interests of concerned parties, we hereby set forth the following provisions on several issues concerning the enforcement by people's courts in accordance with the Civil Procedure Law of the People's Republic of China (hereinafter referred to as the "Civil Procedure Law") and other relevant provisions of applicable laws, taking into account the practical experience of the people's courts in enforcement.
I. Enforcement Agency and Its Functions
1. The people's courts may, in accordance with provisions of applicable laws and as necessary, establish an enforcement agency to be responsible for the enforcement.
2. 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.
3. 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.
4.The case the trial of which is completed by a people's court shall be enforced by the same people's court. For complicated and difficult cases or for cases in which the enforced person is not within the jurisdiction of the court, they shall be enforced by the enforcement agencies.
5. Any significant issue arising from the enforcement procedure shall be discussed by more than three enforcers and shall be subject to the approval by the court president.
6. The enforcement agency shall be equipped with necessary vehicles, communication devices, audio and video devices and police apparatuses etc. so as to ensure timely and effective performance of duties.
7. 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.
8. The enforcement agencies of superior people's courts shall be responsible for the supervision, guidance and coordination of the enforcement activities of their subordinate people's courts.
II. Enforcement Jurisdiction
9. If in the process of domestic arbitration, a concerned party makes an application for property preservation and the arbitration agency submits such application to the people's court, such application shall be judged and enforced by the basic people's court of the place where the domicile of the respondent is located or where the properties that are subject to the application for preservation are located; the application made by a concerned party for evidence preservation shall be judged and enforced by the basic people's court of the place where the evidence is located.
10. If in the process of foreign-related arbitration, a concerned party makes an application for property preservation and the arbitration agency submits such application to the people's court, such application shall be judged and enforced by the intermediate people's court of the place where the domicile of the respondent is located or where the properties that are subject to the application for preservation are located; the application made by a concerned party for evidence preservation shall be judged and enforced by the intermediate people's court of the place where the evidence is located.
11. The disposal and punishment decisions made by patent administrative authorities in accordance with applicable laws shall be enforced by the intermediate people's court with the authority to accept patent dispute cases in the province, autonomous region or municipality directly under the Central Government where the domicile of the enforced is located or where the properties are located.
12. The disposal and punishment decisions made by all departments of the State Council, the people's government of all provinces, autonomous regions and municipalities directly under the Central Government, and the customs in accordance with applicable laws and regulations shall be enforced by the intermediate people's court of the place where the domicile of the enforced person is located or where the properties are located.
13. In case there are more than two people's courts having the jurisdiction, a concerned party may apply for the enforcement with one of those people's courts; if the concerned party applies for the enforcement with more than two people's courts, the people's court which firstly registers the case shall govern.
14. In the event of an enforcement jurisdictional dispute between two or more people's courts, it shall be resolved by the disputing parties through consultation; if the consultation fails, it shall be reported to their common superior people's court for the designation of jurisdiction.
15. In case that the cases of enforcement under the jurisdiction of basic or intermediate people's courts need to be enforced by their superior people's courts because of particular reasons, such cases may be reported to superior people's courts for enforcement.
III. Application for and Transfer of Enforcement
16. 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.
17.
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