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	NOTICE OF THE SUPREME PEOPLE'S COURT ON THE USE OF "PROVISIONS ON THE TRIAL OF ENTERPRISE BANKRUPTCY CASES" OF THE SUPREME PEOPLE'S COURT BY THE PEOPLE'S COURTS IN THE TRIAL OF ENTERPRISE BANKRUPTCY CASES

	(No. 273 [2002] of the Supreme People's court promulgated on December 26, 2002 and implemented as of September 1, 2002)


SUBJECT : LEGAL INTERPRETATION; PROVISIONS ON THE TRIAL OF ENTERPRISE BANKRUPTCY CASES
ISSUING DEPARTMENT : THE SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 12/26/2002
IMPLEMENT DATE : 09/01/2002
LENGTH : 451 words
TEXT :

The Supreme People's Court's "Provisions on the Trial of Enterprise Bankruptcy Cases" (hereinafter referred to the "Provisions") were adopted at the 1232nd meeting of the Judicial Committee of the Supreme People's Court, and came into force on September 1, 2002. For the "Provisions" to be applied correctly in the trial of enterprise bankruptcy cases, we hereby give our notice as follows regarding the relevant issues:

I. The people's court at all levels shall carefully organize the judges to study the "Provisions", to deeply understand the meanings thereof, to accurately grasp the spirit of this judicial interpretation, and to be fully aware of the important functions of the "Provisions" in regulating enterprise bankruptcy and guaranteeing the lawful rights and interests of creditors and debtors, preventing the evasion of debts under the pretext of bankruptcy, establishing social credibility, maintaining social economic order, and promoting the development of socialist market economy.

II. After a party files an application for enterprise bankruptcy to the people's court, the case acceptance division shall receive the relevant application materials, determine the case number, and transfer the relevant application materials to the trial division responsible for trying enterprise bankruptcy cases, and the trial division shall decide whether to accept the party's application or not in accordance with the "Provisions".

III. If an applicant for enterprise bankruptcy appeals to the people's court at the next higher level in accordance with Paragraph 2 of Article 13 and Paragraph 3 of Article 14 of the "Provisions", the case shall be tried by the trial division of the people's court at the higher level responsible for trying enterprise bankruptcy cases.

IV. If a party in an enterprise bankruptcy case petitions to the people's court at the next higher level in accordance with Article 38 or Paragraph 2 of Article 44 of the "Provisions", the case shall be tried by the trial division of the people's court at the next higher level responsible for trying enterprise bankruptcy cases.

V. In accordance with Article 104 of the "Provisions", if the Supreme People's Court finds definite error in an order rendered by a local people's court at any level, or the people's court at the higher level finds definite errors in an ruling rendered by the people's court at a lower level in the enterprise bankruptcy procedure, the case shall be tried by the trial division of the Supreme People's Court or of the people's court at the higher level responsible for trying enterprise bankruptcy cases.

VI. The people's courts at all levels shall, in the process of implementing the "Provisions", pay attention to strengthening investigation and research, and summing up experiences in trial practices, so as to earnestly ensure the effective implementation of the "Provisions".