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Draft law to secure judicial execution of civil judgments

(english.court.gov.cn) Updated : 2022-06-23

The draft civil compulsory enforcement law was submitted to the 35th session of the 13th National People's Congress (NPC) Standing Committee, China's top legislative body, for first reading on June 21.

The draft law is divided into four parts, with 17 chapters and 207 articles. Based on the execution procedure stipulations in the Civil Procedure Law, the draft law affects such areas as the executive organ and personnel of civil compulsory enforcement, the grounds and parties of enforcement, enforcement procedures, and enforcement relief and supervision. It also makes stipulations on enforcement systems of monetary and non-monetary claims and preservation.

The draft aims to protect the winning party’s interests with efficiency. Since 2019, the people's courts have handled 10.16 million enforcement cases per year, involving 1.85 trillion yuan ($289.5 billion) in concluded cases annually. The draft mentions enforcement efficiency on multiple occasions. For example, the enforcement prescription is included in the statute of limitations so that all provisions on statutory limitations in the Civil Code are applicable to enforcement proceedings. Also, a service address confirmation system is provided to reduce the delivery period of enforcement notices.

The draft also protects the legitimate rights and interests of all litigants and interested parties. It stipulates two systems where litigants and interested parties can apply for or self-correct enforcement orders when courts fail to do so. Enforcement and sanction measures are also stipulated in the draft, such as the delineation of enforcement measures, restrictions on consumption and on leaving the country, bench warrant service, applicable conditions, and implementation and duration of fines and detention measures.

In addition, a daily fine system is set up for those who refuse to deliver any object as ordered within a cap of 180 days.

Other areas such as the scope of property in enforcement, enforcement of property rights including real properties, movables, and creditor’s rights, as well as handing over of minor children and visitation rights, are also covered by the draft.