Procedure for Advance Enforcement

Article 109     Upon receipt of a petition, the people's court may make an order for advance enforcement in a case where:

(1)      a claim for alimony, support, maintenance, pension, or medical expenses is filed;

(2)      a claim for employee remuneration is filed; or

(3)      advance enforcement is necessary in case of an emergency.

Article 110     A people's court shall not make an order for advance enforcement unless:

(1)      the rights and obligations of the parties are beyond any doubt, and the life or operation of the party seeking advance enforcement will be materially affected in the absence of advance enforcement; and

(2)      the party against whom advance enforcement is sought has the ability to perform his obligations.

A people's court may order the party seeking advance enforcement to provide a security before making an order for advance enforcement, and shall dismiss the petition if the party fails to provide the security as ordered. Where the party seeking advance enforcement loses the case, he shall compensate the losses incurred by the party against whom advance enforcement is sought due to the advance enforcement.

Article 111      Where a party against whom an order for preservation or advance enforcement is made challenges the order, he may file a petition for a reconsideration. The enforcement of the order shall not be suspended during the period of reconsideration.