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Draft law to secure judicial execution of civil judgments

The draft civil compulsory enforcement law was submitted to the 35th session of the 13th National People’s Congress (NPC) Standing Committee, China’s top legislative body, for first reading on June 21.

The draft law is divided into four parts, with 17 chapters and 207 articles. Based on the execution procedure stipulations in the Civil Procedure Law, the draft law affects such areas as the executive organ and personnel of civil compulsory enforcement, the grounds and parties of enforcement, enforcement procedures, and enforcement relief and supervision. It also makes stipulations on enforcement systems of monetary and non-monetary claims and preservation.

The draft also protects the legitimate rights and interests of all litigants and interested parties. It stipulates two systems where litigants and interested parties can apply for or self-correct enforcement orders when courts fail to do so. Enforcement and sanction measures are also stipulated in the draft, such as the delineation of enforcement measures, restrictions on consumption and on leaving the country, bench warrant service, applicable conditions, and implementation and duration of fines and detention measures.

News from: Supreme People’s Court of the People’s Republic of China



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