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 206 If a person or property subjected to execution is in another locality, the people's court in that locality may be entrusted with the carrying out of the execution. The entrusted people's court shall begin the execution within 15 days after receiving a letter of entrustment and shall not refuse to do so. After the execution has been completed, the entrusted people's court shall promptly inform the entrusting people's court, by letter, of the result of the execution. If the execution has not been completed within 30 days, the entrusted people's court shall also inform the entrusting people’s court, by letter, of the particulars of the execution.

If the entrusted people's court does not carry out the execution within 15 days from the date of receiving the letter of entrustment, the entrusting people's court may request the people's court at a higher level over the entrusted people's court to instruct the entrusted people's court to carry out the execution.

Article 207 If in the course of execution the two parties become reconciled and reach a settlement agreement on their own initiative, the execution officer shall make a record of the contents of the agreement, and both parties shall affix their signatures or seals to the record.

If either party fails to fulfill the settlement agreement, the people's court may, at the request of the other party, resume the execution of the legal document which was originally effective.

Article 208 In the course of execution, if the person subjected to execution provides a guaranty, the people's court may, with the consent of the person who has applied for execution, decide on the suspension of the execution and the time limit for such suspension. If the person subjected to execution still fails to perform his obligations after the time limit, the people's court shall have the power to execute the property he provided as security or the property of the guarantor.

Article 209 If the citizen subjected to execution dies, his debts shall be paid off from the deceased estate; if a legal person or any other organization subjected to execution dissolves, the party that succeeds to its rights and obligations shall fulfill the obligations.

Article 210 After the completion of execution, if definite error is found in the executed judgment, written order or other legal documents resulting in the annulment of such judgment, order or legal documents by the people's court, the said court shall, with respect to the property which has been executed, make a written order that persons who have obtained the property shall return it. In the event of refusal to return such property, compulsory execution shall be carried out.

Article 211 The provisions of this Part shall be applicable to the execution of the conciliation statement as drawn up by the people's court.

Chapter XX Application for Execution and Referral

Article 212 The parties concerned must comply with legally effective judgments or written orders in civil cases. If a party refuses to do so, the other party may apply to the people's court for execution, or the judge may refer the matter to the execution officer for enforcement.

The parties concerned must comply with the conciliation statement and other legal documents that are to be executed by the people's court. If a party refuses to do so, the other party may apply to the people's court for enforcement.

Article 213 If a party fails to comply with an award of an arbitral organ established according to the law, the other party may apply for execution to the people's court which has jurisdiction over the case. The people's court applied to shall enforce the award.

If the party against whom the application is made furnishes proof that the arbitral award involves any of the following circumstances, the people's court shall, after examination and verification by a collegial panel, make a written order not to allow the enforcement:

(1) the parties have had no arbitration clause in their contract, nor have subsequently reached a written agreement on arbitration;

(2) the matters dealt with by the award fall outside the scope of the arbitration agreement or are matters which the arbitral organ has no power to arbitrate;

(3) the composition of the arbitration tribunal or the procedure for arbitration contradicts the procedure prescribed by the law.

(4) the main evidence for ascertaining the facts is insufficient;

(5) there is definite error in the application of the law; or

(6) the arbitrators have committed embezzlement, accepted bribes or done malpractice for personal benefits or perverted the law in the arbitration of the case.

If the people's court determines that the execution of the arbitral award is against the social and public interest, it shall make an order not to allow the execution.

The above-mentioned written order shall be served on both parties and the arbitral organ.

If the execution of an arbitral award is disallowed by a written order of the people's court, the parties may, in accordance with a written agreement on arbitration reached between them, apply for arbitration again; they may also bring an action in a people's court.

Article 214 If a party fails to comply with a document evidencing the creditor's rights made enforceable according to the law by a notary office, the other party may apply to the people's court which has jurisdiction over the case for execution. The people's court applied to shall enforce such document.

If the people's court finds definite error in the document of creditor's rights, it shall make an order not to allow the execution and serve the order on both parties concerned as well as the notary office.

Article 215 The time limit for submission of an application for execution shall be two years. The termination or suspension of the time limit for submission of an application for execution shall be governed by the provisions of law on the termination or suspension of the limitation of action.

The time limit prescribed in the preceding paragraph shall be calculated from the last day of the period specified in a legal document for performance of the execution. If a legal document specifies performance of the execution in stages, the time limit shall be calculated from the last day of the period specified for each stage of performance. If no period of performance is specified in a legal document, the time limit shall be calculated from the date when the legal document takes effect.

Article 216 The execution officer shall, after receiving the application for execution or the writ of referral directing execution, send an execution notice to the person subjected to execution, instructing him to comply within the specified time. If the person fails to comply accordingly, compulsory execution shall be carried out.

If the person subjected to execution fails to fulfill the obligations specified in a legal document and may possibly hide or transfer his property, the executor may immediately take measures for compulsory execution.