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 226 Compulsory eviction from a building or a plot of land shall require a public notice signed and issued by the president of a people's court, instructing the person subjected to execution to comply within a specified period of time. If the person subjected to execution fails to do so upon the expiration of the period, compulsory execution shall be carried out by the execution officer.

When compulsory execution is being carried out, if the person subjected to execution is a citizen, the person or an adult member of his family shall be notified to be present; if the party subjected to execution is a legal person or any other organization, its legal representatives or principal heads shall be notified to be present; their refusal to be present shall not hinder the execution. If the person subjected to execution is a citizen, his work unit or the grass-roots organization in the locality of the building or the plot of land shall send a representative for attendance. The execution officer shall make a record of the particulars of the compulsory execution, with the signatures or seals of the persons on the scene affixed to it.

The people's court shall assign personnel to transport the property removed in a compulsory eviction from a building to a designated location and turn it over to the person subjected to execution or, if the person is a citizen, to an adult member of his family; if any loss is incurred due to such person's refusal to accept the property, the loss shall be borne by the person subjected to execution.

Article 227 In the course of execution, if certain formalities for the transfer of certificates of property right need to be gone through, the people's court may issue a notice for assistance in execution to the relevant units, and they must comply with it.

Article 228 If the person subjected to execution fails to perform acts specified in a judgment or written order or any other legal document according to the execution notice, the people's court may carry out compulsory execution or entrust the task to a relevant unit or other persons, and the person subjected to execution shall bear the expenses thus incurred.

Article 229 If the person subjected to execution fails to fulfill his obligations with respect to pecuniary payment within the period specified by a judgment or written order or any other legal document, he shall pay double interest on the debt for the belated payment. If the person subjected to execution fails to fulfill his other obligations within the period specified in the judgment or written order or any other legal document, he shall pay a charge for the dilatory fulfillment.

Article 230 After the adoption of the execution measures stipulated in Articles 221, 222 and 223 of this Law, if the person subjected to execution is still unable to repay the debts, he shall continue to fulfill his obligations. If the creditor finds that the person subjected to execution has any other property, he may at any time apply to the people's court for execution.

Article 231 If a person subjected to execution fails to fulfill the obligations specified in a legal document, the people’s court may adopt, or advise the unit concerned to assist in adoption of, the measure of restricting the person’s departure from the country, making records in the credibility system, through the media publishing information about his failure to perform his obligations, or other measures stipulated by law.

Chapter XXII Suspension and Termination of Execution

Article 232 The people's court shall make a written order to suspend execution under any of the following circumstances:

(1) the applicant indicates that the execution may be postponed;

(2) an outsider raises an obviously reasonable objection to the object of the execution;

(3) a citizen as one of the parties dies and it is necessary to wait for the successor to inherit the rights of the deceased or to succeed to his obligations;

(4) a legal person or any other organization as one of the parties dissolves, and the party succeeding to its rights and obligations has not been determined; or

(5) other circumstances occur under which the people's court deems the suspension of execution necessary.

Execution shall be resumed when the circumstances warranting the suspension of execution have disappeared.

Article 233 The people's court shall make a written order to terminate execution under any of following circumstances:

(1) the applicant has withdrawn his application;

(2) the legal document on which the execution is based has been revoked;

(3) the citizen subjected to execution dies and there is no estate that may be subjected to execution, nor anyone to succeed to his obligations;

(4) the person entitled to claim alimony or support for elders or children dies;

(5) the citizen subjected to execution is too badly off to repay his debts, has no source of income and has lost his ability to work as well; or

(6) other circumstances occur under which the people's court deems the termination of execution necessary.

Article 234 A written order to suspend or terminate execution shall become effective immediately after being served on the parties concerned.