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For the purpose of regulating the execution of cases by the people's courts, increasing the transparency of execution work, safeguarding the right to learn the truth and the right of supervision of the parties concerned, further strengthening the supervision of execution work and ensure the impartiality of execution work, these Provisions are formulated in accordance with the provisions of the Civil Procedure Law of the People's Republic of China and the relevant judicial interpretations and in light of the actual situation of execution work. Article 1. The term "publicizing the execution work" mentioned in these Provisions refers to an act that the people's court publicizes the executive process and procedure of a case. Article 2. The people's court shall publicize all the links and information related to the execution of a case by means of notice, public announcement, network of the court or news media, except such information prohibited by the laws from being publicized as national secrets and business secrets. Article 3. The people's court shall publicize the standards for putting a case on record and the startup procedure of a case of execution to the society. The people's court shall, after accepting the application for compulsory execution filed by a party concerned, inform the party of the relevant situation on putting the case on record, his/her/its rights and obligations in the executive process and possible executive risks in written form; where it refuses to put the application on record, it shall prepare a ruling paper bearing the legal basis and reasons thereof and serve it upon the applicant. Article 4. The people's court shall publicize to the society the charging standards and basis for executive expenses, and the basic conditions and procedure for the deduction, deferment or exemption of such expenses. Article 5. After accepting a case of execution, the people's court shall inform both parties of the undertaker of the case, members of the collegial panel and their contact information in a timely manner. Article 6. In the executive process of a case, where the applicant for execution inquires about the executive progress of the case, the executive personnel shall tell him/her according to the facts. Article 7. After investigating the property clue provided by an applicant for execution, the people's court shall inform the applicant for execution of the investigation results in a timely manner; as for the property status of the executed person found out in the investigation conducted according to its duties and functions and the property status declared by the executed person, the people's court shall initiatively inform the applicant for execution. Article 8. Where the people's court adopts such executive measures as seal-up, sequestration, freeze and transfer, it shall prepare a ruling paper according to law and serve it upon the executed person, inform both parties of the relevant situation after such executive measures are adopted in a timely manner or publicize the situation in a way convenient for the parties concerned to consult. Article 9. Where the people's court adopts such compulsory measures as detention, amercement and summon by force, it shall produce the relevant procedures to the person against whom such compulsory measures are adopted and explain the reasons and legal basis for such compulsory measures. After adopting the compulsory measures, it shall inform the other parties concerned of the relevant situation. Where the compulsory measure of detention or amercement is adopted, the people's court shall, in its decision letter, inform the person detained or amerced that he/she is entitled to send an application to the higher people's court for reconsideration. Article 10. Where the people's court plans to entrust an agent to evaluate, auction or sell-off the properties of the executed person, it shall inform both parties concerned and other interested parties in a timely manner, select the evaluation organ and auction organ in a public way in accordance with the relevant provisions of the Civil Procedure Law of the People's Republic of China and the Provisions of the Supreme People's Court on Auctioning and Selling-off Properties in the Civil Execution by the People's Courts, and auction and sell off the properties publicly and according to law. Where the evaluation is concluded, the people's court shall serve the evaluation report upon both parties concerned and other interested parties in a timely manner; where the auction or selling-off is concluded, it shall inform both parties concerned and other interested parties of the results. Article 11. When handling the case of execution involving the participation into property distribution, the people's court shall inform the creditors applying for participating into property distribution of the scheme for disposing the properties of the executed party, distribution principles and plans and the relevant legal provisions, and shall organize all the parties concerned to hold a hearing when necessary. Article 12. As for such significant executive issues as the opposition presented by a person not involved in the case, the application for revoking the execution, the change or addition of the subject of execution, the people's court shall, in general principle, hold a hearing to examine and investigate. If the case is simple, the facts are clear and there is no necessity to hold a hearing, the people's court may directly examine and investigate. The people's court shall prepare a ruling paper on the examination results according to law and serve it upon all the parties concerned. Article 13. Where the people's court suspends the execution of a case according to its duties and functions, it shall prepare a ruling paper and serve it upon the parties concerned. The ruling paper shall bear the reasons for the suspension of execution and expressly cite the corresponding legal basis. As for a case whose execution has been suspended, the people's court shall inform the parties concerned of the administrative system of such cases, conditions and procedure for them to apply for resuming execution or for the people's court to resume execution according to its duties and functions. Article 14. Where the people's court decides to terminate the execution of an effective legal document which has been taken as executive basis, unless the applicant for execution has no opposition, the people's court shall hold a public hearing. As for the termination of execution, the people's court shall prepare a ruling paper and serve it upon both parties concerned. The ruling paper shall bear sufficient reasons for the termination of execution and expressly cite the corresponding legal basis. Article 15. Where the people's court fails to accomplish the execution behavior within the time limit prescribed in the Provisions on Several Time Limits for the Handling of Cases of Execution by the People's Court, it shall explain the reasons to the applicant for execution in a timely manner. Article 16. The people's court shall, in general principle, publicize all the legal documents and the relevant materials formed in the executive process of a case, except those involving national secrets and business secrets, and whose publicity would be inappropriate. Where a party concerned or his/her/its proxy applies for consulting the executive files, upon the permission of the people's court, this party or the proxy may consult, excerpt or copy the relevant materials in the original executive files in accordance with the relevant provisions. Article 17. Where any people's court fails to publicize the executive information of cases or fails to publicize in a timely manner by violating these Provisions, the corresponding liabilities shall be investigated in accordance with the relevant provisions and in light of the seriousness of the circumstance. Article 18. All higher people's courts may, in the process of implementing these Provisions, formulate the detailed rules for implementation in light of the actual needs. Article 19. These Provisions shall come into force as of January 1, 2007. |
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