Civil Procedure Law - Compulsory Measures for Intentional Violations of Civil Proceedings

(The following clauses are selected from The Civil Procedure Law of the People's Republic of China authored by Robert Zhang and Steve Li, international arbitration lawyers registered in Shanghai, China.)


Article 114 Where a participant in the proceedings or any other person commits any of the following acts, the people's court may hold him liable by imposing a fine or detention depending on the severity of the violation or hold them criminally liable according to law if the act constitutes a crime:

(1) forging or destroying any material evidence, which frustrates the trial of the case by the people's court;

(2) preventing any witness from testifying by violence, threatening, or bribing, or causing any other to give false testimony by instigating, bribing, or coercing;

(3) concealing, transferring, selling, or destroying the property that has been sealed up or seized or the property that has been counted and ordered to be preserved, or transferring the property that has been frozen;

(4) insulting, slandering, framing, battering, or retaliating against any judicial officer, participant in the proceedings, witness, interpreter, expert witness, inspector, or person providing assistance in the enforcement;

(5) frustrating any judicial officer in the performance of their duties by violence, threatening, or otherwise; or

(6) refusing to perform his obligations under a decree or order of the people's court that has become legally enforceable.

Where an entity commits any of the acts set forth in the preceding paragraph, the people's court may impose a fine or detention on the principal of the entity or the person directly liable for the act, or hold them criminally liable according to law if the act constitutes a crime.

Article 116 Where a party against whom enforcement is sought colludes with others in bad faith to evade his obligations under any legal process through litigation, arbitration, or mediation, the people's court shall hold them liable by imposing a fine or detention depending on the severity of the violation or hold them criminally liable according to law.

Article 117 Where an entity that has the obligation to provide assistance in investigation or enforcement commits any of the following acts, the people's court may, in addition to ordering the entity to perform its obligation of assistance, impose a fine:

(1) refusing or frustrating the investigation or collection of evidence by the people's court;

(2) refusing to provide assistance in the inquiry, seizure, freezing, transfer, or liquidation of the property upon receipt of a notice of enforcement assistance from the people's court;

(3) refusing to withhold the income of the party against whom enforcement is sought, perform the formalities for the transfer of the relevant property certificates, surrender the relevant papers, certificates, or other property upon receipt of a notice of enforcement assistance from the people's court; or

(4) refusing to provide assistance in enforcement otherwise.

Where an entity commits any of the acts set forth in the preceding paragraph, the people's court may impose a fine on the principal of the entity or the person directly liable for the act, hold them in detention in case of their failure to perform their obligations of assistance, and make a judicial proposal to the supervisory authority or any other competent authority for disciplinary penalties.

Article 118 A fine to be imposed on an individual shall not be more than RMB 100,000. A fine to be imposed on an entity shall not be less than RMB 500,000 or more than RMB 100,000.

A term of detention shall not be more than 15 days.

Detainees shall be referred for custody by the competent police authorities. Where a detainee admits and rectifies his violations during the detention, the people's court may decide to release him from detention in advance.

Article 119 Compulsory presence, fine, and detention shall be approved by the president of the people's court.

A compulsory summons shall be issued for compulsory presence.

A written decision shall be made for the imposition of a fine or detention. Where a party challenges a decision for the imposition of a fine or detention, he may file a petition with the people's court at the next higher level for a reconsideration. The enforcement of the decision shall not be suspended during the period of reconsideration.

Article 120 Compulsory measures for intentional violations of civil proceedings shall be decided by the people's court. An entity or individual who seeks to recover a debt by illegally restraining another person or distraining another person's property shall be held criminally liable according to law or be detained or fined.

 

Practising lawyers

Robert Zhang

An international arbitration lawyer registered in Shanghai, China. Master's degr…

Steve Li

An international arbitration lawyer registered in Shanghai, China. Master's degr…

ABOUT AUTHOR

China International Arbitration Lawyers, membered by international lawyers and arbitrators experienced in international arbitration and litigation practising in Shanghai, authors of tens of published works.
Email: elitelawyers@outlook.com
My blog: http://shanghailawfirm.net/