Decision of the Standing Committee of the National People's Congress on Amending the Civil Procedure Law of the People's Republic of China
15. Article 219 is changed to be Article 215, and is revised to read, “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.”
16. Article 220 is changed to be Article 216, and one paragraph is added as the second paragraph, which reads, “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.”
17. One article is added as Article 217, which reads, “If a person subjected to execution fails to fulfill the obligations, specified in a legal document, in compliance with the notification for execution, he shall report his property situation existing at the moment and one year before he has received the notification. If he refuses to do so or makes a false report, the people’s court may, in light of the seriousness of the case, impose a fine or detention on him, or his legal representative, the principal leading person of the unit concerned or the person directly responsible.”
18. One article is added as Article 231, which reads, “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.”
19. Chapter XIX, namely, Procedure for Bankruptcy and Debt Repayment of Legal Person Enterprises, is deleted.
This Decision shall go into effect as of April 1, 2008.
The Civil Procedure Law of the People’s Republic of China shall be amended correspondingly in accordance with this Decision and promulgated anew.
Civil Procedure Law of the People’s Republic of China
(Adopted at the Fourth Session of the Seventh National People’s Congress on April 9, 1991; amended according to the Decision on Amending the Civil Procedure Law of the People’s Republic of China adopted at the 30th Meeting of the Standing Committee of the Tenth National People’s Congress on October 28, 2007 )
Contents
Part One General Provisions
Chapter I The Aim, Scope of Application and Basic Principles
Chapter II Jurisdiction
Section 1 Jurisdiction by Forum Level
Section 2 Territorial Jurisdiction
Section 3 Transfer and Designation of Jurisdiction
Chapter III Trial Organization
Chapter IV Withdrawal
Chapter V Participants in Proceedings
Section 1 Parties
Section 2 Agents Ad Litem
Chapter VI Evidence
Chapter VII Time Periods and Service
Section 1 Time Periods
Section 2 Service
Chapter VIII Conciliation
Chapter IX Property Preservation and Advance Execution
Chapter X Compulsory Measures Against Obstruction of Civil Proceedings
Chapter XI Litigation Costs
Part Two Trial Procedure
Chapter XII Ordinary Procedure of First Instance
Section 1 Bringing a Lawsuit and Entertaining a Case
Section 2 Preparations for Trial
Section 3 Trial in Court
Section 4 Suspension and Termination of Litigation
Section 5 Judgment and Order
Chapter XIII Summary Procedure
Chapter XIV Procedure of Second Instance
Chapter XV Special Procedure
Section 1 General Stipulations
Section 2 Cases Concerning the Qualification of Voters
Section 3 Cases Concerning the Proclamation of a Person as Missing or Dead
Section 4 Cases Concerning the Determination of Legal Incapacity or Restricted Legal Capacity of Citizens
Section 5 Cases Concerning the Determination of a Property as Ownerless
Chapter XVI Procedure for Trial Supervision
Chapter XVII Summary Procedure for Hastening Recovery of a Debt
Chapter XVIII Procedure for Publicizing Public Notice for Assertion of Claims
Part Three Procedure of Execution
Chapter XIX General Stipulations
Chapter XX Application for Execution and Referral
Chapter XXI Execution Measures
Chapter XXII Suspension and Termination of Execution
Part Four Special Provisions for Civil Proceedings of Cases Involving Foreign Element
Chapter XXIII General Principles
Chapter XXIV Jurisdiction
Chapter XXV Service and Time Periods
Chapter XXVI Property Preservation
Chapter XXVII Arbitration
Chapter XXVIII Judicial Assistance