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The present provisions are formulated in accordance with the Civil Procedure Law of the People's Republic of China and other relevant laws, and in combination with the judicial practices with a view to correctly applying the measures for suspension of execution in the procedure of execution, and maintaining the lawful rights and interests of the parties concerned and other interested persons. Article 1. After the procedure of execution begins, the people's court may decide to suspend one or several certain execution measures within the stipulated time limit due to statutory causes. After the procedure of execution begins, the people's court shall not decide on the suspension of execution without any statutory cause. Article 2. The suspension of execution shall be decided by the executing court or the people's court at the higher level, and be uniformly handled by the execution organ. Where the people's court decides on the suspension of execution, it shall make a written decision concerning the suspension of execution, and serve it to the party concerned in time. Article 3. Under any of the following circumstances, the people's court may decide on the suspension of execution upon the application by the party concerned or the other interested persons: (1) the execution measure or the procedure of execution is in violation of legal provisions; (2) the object subject to execution is in dispute of ownership; or (3) the person subject to execution has the right of setoff over the applicant for execution. Article 4. Where the people's court decides on the suspension of execution in accordance with Article 3 of the present provisions, it shall meanwhile order the party concerned or the other interested persons who apply for the suspension of execution to provide a corresponding guaranty within the designated time limit. Where a person subject to execution or the other interested persons provide a guaranty to apply for the suspension of execution, or the applicant for execution provides a guaranty to demand the continuing execution, the executing court may continue the execution. Article 5. Where a party concerned or the other interested persons provide a property guaranty, it shall show the proof of evaluation by an evaluation institution on the value of the guaranteed properties. Where an evaluation institution issues a false proof to the party concerned and thus causes losses, the party concerned may separately bring a lawsuit for compensation of damage against the guarantor and the evaluation institution. Article 6. The people's court shall, after the receipt of the application for the suspension of execution, make a decision within 15 days, and send the written decision to the party concerned or the other interested persons within 5 days after the decision is made. Article 7. Under any of the following circumstances, the people's court may decide on the suspension of execution according to its power; (1) the people's court at the higher level has entertained the case of disputable execution and is settling the case; or (2) the people's court finds that there is a definite error in the effective legal document for execution, and the case is being tried under the procedure for trial supervision. Where the people's court decides on the suspension of execution in accordance with the preceding paragraph, the applicant for execution or the person subject to execution shall generally provide a corresponding guaranty. Article 8. Where the suspension of execution is decided on in accordance with Item (a) of Paragraph 1 of Article 7 of the present provisions, the decision shall be made by the people's court at the higher level. Where the suspension of execution is decided on in accordance with Item (b) of Paragraph 1 of Article 7 of the present provisions, the trial organ shall send a written suggestion on the suspension of execution to the execution organ of the court, and the execution organ shall, after the receipt of the written suggestion, handle the formalities for suspension of the relevant execution measure. Article 9. If, in the course of execution, the execution officer finds any definite error in the judgment, the written order, the conciliation statement or the order of payment, he shall deal with the matter in accordance with Article 258 of the Opinions on the Relevant Issues concerning the Application of the 'Civil Litigation Law of the People's Republic of China' by the Supreme People's Court. During the trial and settlement, the execution organ may report to the president of the court to decide on suspending the dispositive measures against the object subject to execution, and notify the party concerned. Article 10. The time limit for the suspension of execution shall not exceed 3 months. In case it needs to be extended due to particular causes, it may be properly extended, provided that the extended period shall not exceed 3 months. The time limit for the suspension of execution shall be calculated as of the day when the executing court makes the decision on the suspension of execution. If the decision on the suspension of execution is made by the people's court at the higher level, it shall be calculated as of the day when the executing court receives the decision on the suspension of execution. Article 11. With regard to a case of suspension of execution, the people's court shall form a collegial panel to examine whether to suspend the execution, and shall, when necessary, listen to the opinions of the party concerned or other interested persons. Article 12. Where the people's court at the higher level finds that the executing court has decided to suspend the execution of a case not meeting the conditions for suspension of execution, or fails to suspend the execution of a case meeting the conditions for suspension of execution, it shall decide to make a correction. The executing court shall, after the receipt of the decision, abide by and implement it. Article 13. After the time limit for the suspension of execution has expired, the people's court shall immediately resume the execution. If, before the time limit for the suspension of execution expires, the cause for the decision on the suspension of execution is eliminated, and such a decision is made by the executing court, the executing court shall immediately make a decision on resuming the execution; while if the decision on the suspension of execution is made by the people's court at the higher level of the executing court, the executing court shall report the elimination of the cause for the suspension of execution in time to the people's court at the higher level, and the people's court at the higher level shall, within 10 days as of the receipt of the report, examine and check it and make a decision on resuming the execution. Article 14. The present provisions shall come into force on the date of their promulgation. Where, after the present provisions come into force, any other judicial interpretation is inconsistent with the present provisions, the present provisions shall prevail. |
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