Decision of the Standing Committee of the National People's Congress on Amending the Civil Procedure Law of the People's Republic of China

(npc.gov.cn)     Updated : 2015-07-17

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 shall 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.