Litigation

1. What are the contents that have been amended?

The amendments are mainly on three aspects: enforcement, re-hearing and fines. 

2. What amendments have been made regarding Enforcement?

There are 6 amendments. They are as follows:

(1) the courts’ power of detention in respect of failing to act as ordered has been increased;

(2) the time limit for filing applications for enforcement has been standardized and extended to 2 years;

(3) the time for mandatory enforcement has been advanced;

(4) heavier penalties will be imposed for failing to comply with legal documents;

(5) the party’s and interested party’s power of monitoring the enforcement is now specified by the statutory provisions; and

(6) courts in charge of enforcement have been restructured. 

3. What amendments have been made regarding re-hearing?

(1) petitions for rehearing shall be filed with the court at an upper tier;

(2) conditions allowing applications for re-hearing have been further specified and increased from 5 to 10;

(3) the time limit for applications for re-hearing has been extended so that a party shall have the right to file   an application for re-hearing two years after the original judgment or other judicial documents have been reversed or amended or the trial judge(s) has / have been found to be taking bribes, abusing their power or making unlawful decisions, provided that the party files the application within three months after he knows or should have known of the changes in the aforesaid circumstances; and

(4) counter-appeals brought by the People’s Procuratorates may be filed with a court at a lower tier.

4. What is the amendment on fines?

Fines to be imposed on individuals and organizations have increased from RMB1,000 and RMB1,000 – RMB30,000 to RMB10,000 and RMB10,000 – RMB300,000 respectively.

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