SPC Provisions on Releasing Judgment Defaulters List

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【Issuing Body】Supreme People's Court

【Issuance Number】Legal Interpretation (2013) No. 17
【Date of Issue】2013-07-16
【Effective Date】2013-10-01
【Expiration Date】2017-02-28 修正
【Document Type】Judicial Interpretation
【Document Source】http://www.chinacourt.org/law/detail/2013/07/id/146217.shtml

 

The Supreme People's Court's Several Provisions on the Release of the Judgment Defaulters List

Legal Interpretation (2013)17

The Supreme People's Court Several Provisions on the Release of the Judgment Defaulters List was passed by the 1582nd meeting of the Adjudication Committee of the Supreme People's Court on June 1, 2013, and is hereby promulgated, to take effect on November 1, 2013.

Supreme People's Court

July 16, 2013

The Supreme People's Court's Several Provisions on the Release of the Judgment Defaulters List

(Adopted at the 1582nd meeting of the Supreme People's Court's Adjudication Committee on June 1, 2013)

These provisions are drafted on the basis of the provisions of the "Civil Procedure Law of the People's Republic of China" combined with the actual work experience of the people's courts, so as to spur persons subject to enforcement to conscientiously perform obligations set forth in effective legal documents, and to advance the establishment of a social credit system.

Article 1: in any of the following situations where a person subject to enforcement has the ability to perform obligations set forth in an effective legal document but does not so perform, the people's courts shall enter them onto a Judgment Defaulters List and give them credit penalties in accordance with law.

(1) Obstructing or resisting enforcement by fabricating evidence, violence, threats, or other such means;

(2) Using fake lawsuits, fake arbitration or other means to conceal or transfer assets and evade enforcement;

(3) Violating the asset reporting system;

(4) Violating an order restricting high-spending;

(5) Where with no legitimate reason, the person subject to enforcement refuses to perform on a settlement agreement;

(6) Other situations of having the ability to perform on obligations in an effective legal document, but refusing to do so.

Article 2: Content on the risk of being entered into the Judgment Defaulters List shall be clearly included in the "Enforcement Notification" issued by people's courts to persons subject to enforcement.

Where the person applying for enforcement finds that the person subject to enforcement has any of the defaulting acts listed in Article 1 of these Provisions, they may apply to the people's court to have that person subject to enforcement entered onto Judgment Defaulters List, and the people's court will make a decision upon a review. Where the people's court finds that the person subject to enforcement has any of the defaulting acts listed in Article 1, it may also make a decision to have that person subject to enforcement entered onto the Judgment Defaulters List in accordance with its powers.

Where people's courts decide to enter a person subject to enforcement into the Judgment Defaulters List, they shall draft a decision document, which will take effect from the date it is issued. The decision document shall be served upon the parties in accordance with the Civil Procedure Law's provisions on methods of service for legal documents.

Article 3: Where a person subject to enforcement feels that they have been wrongly entered into the Judgment Defaulters List, they may apply to the people's courts for a correction. Where the person subject to enforcement is a natural person, they should usually personally go to the people's court to make the submission and explain the reasons; and where the person subject to enforcement is a legal person or other organization, usually the person subject to enforcement's legally-designated representative or responsible party should go to the people's court to make the submission and explain the reasons. Where upon review the people's courts find the reasoning is sustained, they shall make a decision to grant the correction.

Article 4: The recorded and published Judgment Defaulters List shall include:

(1) The name and organization code persons subject to enforcement that are legal persons or other organizations, and the full name of their legally-designated representative or responsible party;

(2) The full name, sex, age, and ID card number of persons subject to enforcement who are natural persons;

(3) The obligations set forth in an effective legal document, and the situation of the person subject to enforcement's performance;

(4) The specific circumstances of the person subject to enforcement's delinquent conduct;

(5) The unit that drafted the basis for the enforcement and the reference number, enforcement case number, time of case filing, and enforcing court;

(6) Other matters that the people's courts feel should be documented and published that do not relate to national secrets, commercial secrets or personal privacy.

Article 5: All levels of people's court shall record information from the Judgment Defaulters List in the Supreme People's Court repository of Judgment Defaulter Lists, and uniformly announce it to the public through this list repository.

All levels of people's court may, on the basis of actual local conditions, publish the Judgment Defaulters List through newspapers, radio, television, networks, court information boards, and other such means, and may employ methods such as news briefings to periodically make public the conditions of that court's and it's jurisdictional areas' situation on the Judgment Defaulters List.

Article 6: People's courts shall report information from the Judgment Defaulters List to the relevant government departments, financial supervisory authorities, financial institutions, public institutions undertaking administrative duties, trade associations, and the like; so that these units may follow the relevant provisions of laws and regulations to give credit penalties to judgment defaulters in areas such as government procurement, bid tendering, administrative approvals, government support, financing credit, market access, and determination of qualifications.

People's courts shall report information from the Judgment Defaulters List to credit bureaus and have them record it in their credit systems.

Where the person subject to enforcement is a state employee, the people's court shall report the information on the circumstances of their default to their unit.

Where the person subject to enforcement is a state organ, the people's court shall report the information on circumstances of their default to the unit or supervisory department at the level above it.

Article 7: Where a party's application meets the requirements of one of the following situations, the people's courts shall delete their relevant information from the Judgment Defaulters List:

(1) Where all obligations set forth in effective legal documents have been performed;

(2) Where an enforcement settlement agreement has been reached with the person applying for enforcement, and upon confirming with the person applying for enforcement that performance is complete;

(3) Where the people's court lawfully rules to terminate enforcement.

 

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