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

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; it may detain them if they still refuse to perform the obligation to provide assistance; and it may, in addition, put forward a judicial proposal to the supervisory organ or the relevant organ that disciplinary sanctions are imposed on them.

Article 104 A fine on an individual shall be not more than RMB 10,000 yuan. A fine on a unit shall be not less than 10,000 yuan and not more than 300,000 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.

Chapter XI Litigation Costs

Article 107 Any party filing a civil lawsuit shall pay court costs according to the rules. For property cases, the party shall pay other fees in addition to the court costs.

Any party that has genuine difficulty in paying litigation costs may, according to the relevant rules, apply to the people's court for deferment or reduction of the payment or for its exemption.

Particulars for payment of litigation costs shall be laid down separately.