Chapter XVIII Procedure for Publicizing Public Notice for Assertion of Claims

Article 195 Any holder of a bill transferable by endorsement according to the law may, if the bill is stolen, lost, or destroyed, apply to the primary people's court of the place where the bill is to be paid for publication of public notice for assertion of claims. The provisions of this Chapter shall apply to other matters for which, according to the law, an application for publication of a public notice for assertion of claims may be made.

The applicant shall submit to the people's court an application which clearly states the main contents of the bill such as the face amount, the drawer, the holder, the endorser, and the facts and reasons in respect of the application.

Article 196 The people's court shall, upon deciding to accept the application , notify the payer concerned in the meantime to suspend the payment, and shall, within 3 days, issue a public notice for the interested parties to assert their rights. The period of the public notice shall be decided at the discretion of the people's court; however, it shall not be less than 60 days.

Article 197 The payer shall, upon receiving the notification by the people's court to suspend the payment, do so accordingly till the conclusion of the procedure for publicizing public notice for assertion of claims.

Within the period of the public notice, assignment of rights on the bill shall be void.

Article 198 Interested party or parties as claimants shall report their claims to the people's court within the period of the public notice.

After receiving the report on the claims by interested party or parties, the people's court shall make a written order to terminate the procedure for publicizing public notice for assertion of claims, and notify the applicant and the payer.

The applicant or the claimants may bring an action in the people's court.

Article 199 If no claim is asserted, the people's court shall make a judgment on the basis of the application to declare the bill in question null and void. The judgment shall be published and the payer notified accordingly. As of the date of publication of the judgment, the applicant shall be entitled to payment by the payer.

Article 200 If an interested party for justified reasons was unable to submit his claim to the people's court before the judgment is made, he may, within one year from the day he knows or should know the publication of the judgment, bring an action in the people's court which has made the judgment.

Part Three Procedure of Execution

Chapter XIX General Stipulations

Article 201 Legally effective judgments or written orders in civil cases, as well as the parts of judgments or written orders that relate to property in criminal cases, shall be executed by the people’s court of first instance or by the people’s court at the same level as the people’s court of first instance, where the property subject to execution is located.

Other legal documents which are to be executed by a people's court as prescribed by the law shall be executed by the people's court of the place where the person subjected to execution has his domicile or where the property subject to execution is located.

Article 202 If a party or an interested party considers that the execution is in violation of legal provisions, it may raise a written objection to the people’s court that is responsible for the execution. If a party or an interested party raises a written objection, the people’s court shall review the written objection within 15 days after receiving it. If the reasons for objection are tenable, the people’s court shall rule to cancel or put to right the execution; otherwise, it shall rule to reject the objection. If the party or interested party is not satisfied with the ruling, it may apply for reconsideration to the people’s court at the next higher level within 10 days after the ruling is served.

Article 203 If the people’s court fails to execute a judgment or written order within six months after receiving the application for execution, the person applying for execution may apply to the people’s court at the next higher level for execution. Upon review, the people’s court at the next higher level may order the original people’s court to execute within a specified period of time, or may decide to execute by itself or instruct any other people’s court to do it.

Article 204 If, in the course of execution, a person not involved in the case raises a written objection to the object subjected to execution, the people’s court shall review the written objection within 15 days after receiving it. If the reasons for objection are tenable, the people’s court shall rule to suspend the execution; otherwise, it shall rule to reject the objection. If the person not involved in the case or the party is not satisfied with the ruling and considers that there is error in the original judgment or written order, the matter shall be dealt with according to the procedure for trial supervision; and if the objection is irrelevant to the original judgment or written order, the said person or party may bring a lawsuit to a people’s court within 15 days after the ruling is served.

Article 205 Execution work shall be carried out by the execution officer.

When carrying out a compulsory execution measure, the execution officer shall produce his papers. After the execution is completed, the execution officer shall make a record of the particulars of the execution, and have it signed or sealed by the persons concerned on the scene.

The people’s court may, when necessary, establish execution organs.