Property Preservation and Advance Execution:People’s Republic of China

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Chapter IX

Property Preservation and Advance Execution

Article 92 In the cases where the execution of a judgment may become impossible or difficult because of the acts of either party or for other reasons, the people’s court may, at the application of the other party, order the adoption of measures for property preservation. In the absence of such application, the people’s court may of itself, when necessary, order the adoption of measures for property preservation.

In adopting property preservation measures, the people’s court may enjoin the applicant to provide security; if the applicant fails to do so, his application shall be rejected.

After receiving an application, the people’s court must, if the case is urgent, make an order within 48 hours; if the order for the adoption of property preservation measures is made, the execution thereof shall begin immediately.

Article 93 Any interested party whose lawful rights and interests would, due to urgent circumstances, suffer irretrievable damage without immediately applying for property preservation, may, before filing a lawsuit, apply to the people’s court for the adoption of property preservation measures. The applicant must provide security; if he fails to do so, his application shall be rejected.

After receiving an application, the people’s court must make an order within 48 hours; if the court orders the adoption of property preservation measures, the execution thereof shall begin immediately.

If the applicant fails to bring an action within 15 days after the people’s court has adopted the preservation measures, the people’s court shall cancel the property preservation.

Article 94 Property preservation shall be limited to the scope of the claims or to the property relevant to the case.

Property preservation shall be effected by sealing up, distraining, freezing or other methods as prescribed by the law.

After the people’s court has frozen the property, it shall promptly notify the person whose property has been frozen.

The property that has already been sealed up or frozen shall not be sealed up or frozen for a second time.

Article 95 If the person against whom the application for property preservation is made provides security, the people’s court shall cancel the property preservation.

Article 96 If an application for property preservation is wrongfully made, the applicant shall compensate the person against whom the application is made for any loss incurred from property preservation.

Article 97 The people’s court may, upon application of the party concerned, order advance execution in respect of the following cases:

(1) those involving claims for alimony, support for children or elders, pension for the disabled or the family of a decedent, or expenses for medical care;

(2) those involving claims for remuneration for labour; and

(3) those involving urgent circumstances that require advance execution.

Article 98 Cases in which advance execution is ordered by the people’s court shall meet the following conditions:

(1) the relationship of rights and obligations between the parties concerned is clear and definite, and denial of advance execution would seriously affect the livelihood or production operations of the applicant; and

(2) the person against whom the application for advance execution is made is capable of fulfilling his obligations.

The people’s court may enjoin the applicant to provide security; if the applicant fails to do so, his application shall be rejected. If the applicant loses the lawsuit, he shall compensate the person against whom the application is made for any loss of property incurred from the advance execution.

Article 99 If the party concerned is not satisfied with the order made on property preservation or execution, he may apply for reconsideration which could be granted only once. Execution of the order shall not be suspended during the time of reconsideration.

Chapter X Compulsory Measures Against Obstruction of Civil Proceedings

Article 100 If a defendant is required to appear in court, but, having been served twice with summons, still refuses to do so without justified reason, the people’s court may constrain him to appear in court by a peremptory writ.

Article 101 Participants and other persons in the court proceedings shall abide by the court rules.

If a person violates the court rules, the people’s court may reprimand him, or order him to leave the courtroom, or impose a fine on or detain him.

A person who seriously disrupts court order by making an uproar in the court or rushing at it, or insulting, slandering, threatening, or assaulting the judicial officers, shall be investigated for criminal responsibility by the people’s court according to the law; if the offence is a minor one, the offender may be detained or a fine imposed on him.

Article 102 If a participant or any other person in the proceedings commits any one of the following acts, the people’s court shall, according to the seriousness of the act, impose a fine on him or detain him; if the act constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

(1) forging or destroying important evidence, which would obstruct the trial of a case by the people’s court;

(2) using violence, threats or subornation to prevent a witness from giving testimony, or instigating, suborning, or coercing others to commit perjury;

(3) concealing, transferring, selling or destroying property that has been sealed up or distrained, or property of which an inventory has been made and which has been put under his care according to court instruction, or transferring the property that has been frozen;

(4) insulting, slandering, incriminating with false charges, assaulting or maliciously retaliating against judicial officers or personnel, participants in the proceedings, witnesses, interpreters, evaluation experts, inspectors, or personnel assisting in execution;

(5) using violence, threats or other means to hinder judicial officers or personnel from performing their duties; or

(6) refusing to carry out legally effective judgments or orders of the people’s court.

With respect to a unit that commits any one of the acts specified above, the people’s court may impose a fine on or detain its principal heads or the person who are held actually responsible for the act; if the act constitutes a crime, investigations for criminal responsibility shall be made according to the law.

Article 103 Where a unit which is under an obligation to assist in investigation and execution commits any one of the following acts, the people’s court may, apart from enjoining it to perform its obligation, also impose a fine:

(1) refusing or obstructing the investigation and collection of evidence by the people’s court;

(2) refusing by banks, credit cooperatives or other units dealing with savings deposit, after receiving a notice for assistance in execution from the people’s court, to assist in inquiring into, freezing or transferring the relevant deposit.

(3) refusing by the unit concerned, after receiving a notice for assistance in execution from the people’s court, to assist in withholding the income of the party subject to execution, in going through the formalities of transferring the relevant certificates of property rights or in transferring the relevant negotiable instruments, certificates, or other property; or

(4) refusing to provide other obligatory assistance in the execution.

With respect to a unit that commits any one of the acts specified above, the people’s court may impose a fine on its principal heads or the persons who are held actually responsible for the act. The people’s court may also put forward a judicial proposal to the supervisory organ or any relevant organ for the imposition of disciplinary sanctions.

Article 104 A fine on an individual shall not exceed Renminbi 1,000 yuan. A fine on a unit shall not be less than 1,000 yuan and shall not exceed 30,000 yuan.

The period of detention shall not be longer than 15 days.

The people’s court shall deliver detained persons to a public security organ for custody. The people’s court may decide to advance the time of release, if the detainee admits and mends his wrongdoings.

Article 105 Constrained appearance in court, imposition of a fine or detention shall be subject to the approval of the president of the people’s court.

A peremptory writ shall be issued for constraining appearance in court.

A decision in writing shall be made for the imposition of a fine or detention. The offender, if dissatisfied with the decision, may apply to a people’s court at a higher level for reconsideration which could be granted only once. The execution of the decision shall not be suspended during the time of reconsideration.

Article 106 Decision on the adoption of compulsory measures against obstruction of proceedings shall be made only by the people’s court. Any unit or individual that extorts repayment of a debt by illegal detention of a person or illegal distrainment of property shall be investigated for criminal responsibility according to the law, or shall be punished with detention or a fine.


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