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(Adopted at the Eleventh Meeting of the Standing Committee of the Fourth Shenzhen Municipal People’s Congress on March 13, 2007)
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In order to strengthen the civil execution of the people’s courts of our city, protect the legal rights and interests of the parties concerned, and maintain the authority of law, the following decision is hereby made in accordance with the related laws, rules of the state and in light of the practical conditions of our city.
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Article 1 The civil execution of the people’s court shall adhere to the principle of executing according to law, being open and fair, rendering convenience to the people and achieving high efficiency, and accepting supervision.
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Citizens, artificial persons and other organizations shall execute on their own initiative the civil judgments, decisions, which have already had legal effects, or perform the various obligations defined by the legal instruments which should be executed by the people’s court according to law (hereinafter referred to as the effective legal instruments).
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The units and individuals bearing the obligation to assist in execution according to law (hereinafter referred to as assistants in execution under obligation) shall thoroughly, promptly perform the obligation to assist the people’s court in civil execution.
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Article 2 The system of property declaration of persons targeted for civil execution shall put into practice.
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After the people’s court accepts a civil execution case, it shall serve a ruling in writing on property declaration according to the needs at the same time when issuing the execution notice to the person targeted for civil execution. The person targeted for civil execution shall declare the related property to the people’s court according to the rules. The scope of the property declaration of the person targeted for civil execution shall be limited to what is enough to pay creditors’ claim determined by the effective legal instrument.
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If an applicant for civil execution believes that there is any false statement in the property declaration of the person targeted for civil execution, the applicant may apply for holding a hearing into the property declaration. The people’s court shall decide according to the related rules if there should be a hearing.
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Article 3 The system of offering a reward for informing of the property of a person targeted for civil execution shall be put into practice.
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If a person targeted for civil execution is in one of the following situations, the applicant for civil execution may apply to the people’s court for offering a reward for informing the property of the person targeted for civil execution:
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(1) to fail to declare the property according to the rules;
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(2) to declare no property;
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(3) the declared property is not enough to pay back debts;
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(4) to transfer the property in order to avoid paying back debts.
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The public notice of offering a reward for informing shall be published at the
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places, news media designated by the people’s court. The people’s court shall keep informants secret.
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Article 4 The information-recording credit report system shall be put into practice.
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If a person targeted for civil execution does not perform the obligations defined by an effective legal instrument, the people’s court shall notify the related offices of the information about the person targeted for civil execution to be recorded in the credit report system of enterprise or individuals, and have the information ready for the related units and individuals to inquire about, refer to. After the person targeted for civil execution has performed the obligations, the people’s court shall notify the related offices to change the related information.
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Before the persons targeted for civil execution and their legal representatives or persons in charge who are recorded in the credit report system of enterprises or individuals perform their obligations, the government and the related departments shall not accept their application for evaluating their achievements as those of outstanding, advanced persons; shall not grant them the related honorary titles; shall not allow them to enjoy the related preferential policies of this municipality, and shall stop the preferential policies which have already been enjoyed by them.
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Article 5 The system of exposing the information about the execution forced on persons targeted for civil execution shall be put into practice.
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The people’s court may, through channels such as news media, etc., publish the names of the persons targeted for civil execution who do not perform the obligations defined by an effective legal instrument or the names of their units, legal representatives, persons in charge, and the related information.
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Article 6 The system of restriction of contracting a government-invested project to a person targeted for civil execution shall be put into practice.
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The person targeted for civil execution who does not perform the obligations defined by an effective legal instrument shall not contract for a government-invested project. The unit in charge of a government-invested project shall restrict contracting a government-invested project to a person targeted for civil execution according to the judicial suggestion of the people’s court.
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Article 7 The system to place restrictions on going abroad, exiting from the country, leaving the country for a person targeted for civil execution shall be put into practice.
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If a person targeted for civil execution does not perform the obligations defined by an effective legal instrument, and restrictions need to be placed on this person’s going abroad, exiting from the country, or leaving the country, the people’s court shall issue a notice of assistance in execution according to the related rules to the office of entry and exit administration of the public security organization, ask this office to stop processing the application of the person targeted for civil execution for going abroad, exiting from the country, or leaving the country. The office of entry and exit administration of the public organization shall give its assistance in execution according to law.
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If it is necessary for handling an execution case, the people’s court may seize the entry and exit certificates of persons targeted for civil execution or their legal representatives, persons in charge.
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Article 8 If a person targeted for civil execution has an objection to the related measures of Articles 2, 4, 5, 6 of this decision, this person may apply to the people’s court for objection. The people’s court shall make a reply in writing to the person targeted for civil execution within 5 business days from the date of receiving the application for objection. If the objection is justified, the related measures shall be lifted in 5 business days or the related units shall be notified to do so.
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If a person targeted for civil execution has performed all the obligations defined by an effective instrument, the people’s court shall lift the related measures in 5 business days or the related units shall be notified to do so.
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Article 9 If a person targeted for civil execution, who has not performed the obligations defined by an effective instrument, takes one of the following acts, it shall be regarded as refusing to perform when having the capability to do so, and the people’s court shall take the related measures for enforcement:
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(1) to purchase real estate or high-value movables such as automobiles, etc., or lease high-grade office buildings, guesthouses, apartments as an office in the name of the person targeted for civil execution or this person’s spouse, underaged children;
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(2) to invest to start an enterprise or to do other investments in the name of the person targeted for civil execution or this person’s spouse, underaged children;
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(3) to mortgage, assign the property, or to donate the property to others, secure others’ property in the name of the person targeted for civil execution or this person’s spouse, underaged children;
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(4) to assign the property through channels such as separation, merger of enterprises, or the change of names of enterprises, legal representatives, etc., when the property is actually still controlled by the person targeted for civil execution;
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(5) one-time consumption at consumption places exceeds the monthly payment for the minimum livelihood guarantee of this city;
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(6) to take the first class cabin, seat of means of transportation such as trains, airplanes, and ships;
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(7) to use other methods to assign the property, to avoid paying back debts, or engage in the other high-grade consumptions.
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If applicants for civil execution or other people find that persons targeted for civil
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execution take the above acts, they may inform the people’s court.
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Article 10 The departments of public security, supervision, labor security, planning, land and real estate, construction, tax, industrial and commercial administration, entry and exit administration, bank regulation, securities regulation, insurance regulation, bid administration, etc. and financial institutions in banking, securities, insurance, etc. shall establish a working system to assist the people’s court in civil execution, and cooperate with the people’s court in setting up a coordinating mechanism for communicating the information and executing.
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The financial institutions in banking, securities, insurance, etc. shall assist the people’s court in civil execution according to the related rules, establish a system-wide internal working mechanism for unified inquiry, unified freezing, and unified allocation and deduction.
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Article 11 If the people’s court needs to go through the formalities of inquiry, seizure, sequestration, and certificate transfer of the ownership, the right of use of the property such as housing, land, vehicles, ships, etc. in civil execution, it shall issue a notice of assistance in civil execution to the related administrative departments or units according to law, the related departments and units shall give their assistance.
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If persons targeted for civil execution, who refuse to perform the obligations defined by effective legal instruments, or their legal representatives are missing, and there is a need for public security organizations to assist in finding them, the public security organizations shall, in compliance with the requirements of the notice of assistance in civil execution issued by the people’s court, give their assistance according to law.
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Article 12 The municipal, district people’s governments shall supervise, urge, and coordinate the related departments and units to perform the obligations to assist the people’s court in civil execution, and list the assistance in civil execution as an item in making an assessment of the target responsibilities to bring social security under control in a comprehensive way.
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Article 13 If assistants in execution under obligation, in violation of laws, regulations, and this decision, refuse to perform the obligations to assist in civil execution, the people’s court shall order them to perform the obligations to assist in civil execution, , take measures for enforcement according to law, and suggest the related units to impose punishments on the responsible persons.
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Article 14 Government offices and their staff members shall not interfere with the people’s court in civil execution by any means. The opinions, suggestions of government offices and their staff members on the specific civil execution by the people’s court shall be made known through prescribed channels such as those in writing, etc., the related parties concerned may look up the opinions, suggestions.
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If government offices and their staff members violate the previous section, the people’s court shall make a judicial suggestion to the related department about the punishment on the related persons. A copy of such a judicial suggestion shall be sent to the related office of the standing committee of the people’s congress at the same level.
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If other units and individuals find that government offices and their staff members interfere with the people’s court in civil execution, they may complain and report to the related department; if the complaint and report are solid, the accepting department shall promptly make an investigation and impose punishments.
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Article 15 After accepting a civil execution case, the people’s court shall promptly inform the party concerned of the person in charge of the case or the members of the collegial bench, and the methods of contact.
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The following matters shall be made public by prescribed means:
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(1) the enforcement measures in the case of civil execution such as seizure, sequestration, freezing, allocation and deduction, evaluation, auction, sale, etc;
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(2) the reason and justification for the postponement, suspension, and termination of the execution which has been put into enforcement by a ruling;
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(3) the rates and basis of the execution fee to be collected;
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(4) the other matters which need to be made public.
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The people’s court shall rule according to its authority that the execution of an
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effective legal instrument should be suspended or terminated, if an applicant for civil execution has objection, there shall be a public hearing.
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Article 16 If a person targeted for civil execution has the capability to perform the obligations defined by an effective legal instrument, but refuses to do so, or an assistant in execution under obligation fails to assist in execution, and they are suspected of committing a crime, the people’s court shall refer the case to a public security organization according to the related rules; the public security organization shall promptly place the case on file for investigation and prosecution according to law.
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Article 17 The people’s court shall establish, improve a mechanism of the supervision over civil execution including the supervision conducted by the parties concerned and the public, and make public the related working systems to the society in order to accept the supervision conducted by the parties concerned and the public.
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The people’s procuratorate shall establish, improve the related working system, and strengthen the legal supervision over the civil execution of the people’s court.
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Article 18 The standing committees of the municipal, district people’s congresses shall strengthen the supervision over the civil execution of the people’s court according to the related laws, regulations, such as Law of the People’s Republic of China on the Supervision of the Standing Committee of the People’s Congress at Various Levels.
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Article 19 In civil execution, the people’s court shall strictly abide by the related rules on the time limit for handling a case, strictly implement the related laws, regulations on civil execution and various working systems, and actively maintain the legal rights and interests of the parties concerned.
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If the personnel of the people’s court in charge of civil execution illegally execute, passively execute, or twist the law for their own benefits, the people’ court shall promptly ask them to correct, and make an investigation or remove them to the related department to ascertain their responsibility according to law.
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Article 20 As regards the matters stipulated in Articles 2, 3, 4, 5, 6, 10, 15, 17 of this decision, the related units shall work out specific measures for implementation within 6 months from the date when this decision is adopted.
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| Article 21 This decision shall take effect as of the date of adoption. |
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