Beijing
"Enforcement notices" designed to increase legal transparency
Xinhuanet 2003-07-03 16:48


¡@¡@SHANGHAI, July 3 (Xinhuanet) -- All parties involved in the forcible execution of court verdicts in Shanghai will receive enforcement notices helping them to fulfill their obligations and defend their rights.

¡@¡@With the dual purpose of increasing legal transparency and enforcing court verdicts, the new measure implemented by the Higher People's Court of Shanghai municipality involves two separate notices, one for each party.

¡@¡@As most enforced court verdicts in China are related to economic disputes, demanding the repayment of a loan or debt has become a major task of Chinese courts.

¡@¡@But constrained by the country's unsound personal credit system and the lack of relevant legislation support, most enforced court orders end up unresolved, leaving a blemish on the reputation of the judiciary.

¡@¡@To remedy the situation, the Shanghai Municipal Higher People's Court planned the new system and set up a telephone hot line, withthe number printed on the cover of the notices, to supervise the work.

¡@¡@According to the court, all relevant parties were entitled to call the hot-line to ask for information relevant to their cases. Court staff are on hand to answer calls and all inquiries will be taken down for the file.

¡@¡@To clarify the duties and rights of litigants, the notices say that applicants are obliged to notify courts of the financial status of the appellees but not allowed to interfere with the workof courts.

¡@¡@If court verdicts have not been enforced within six months, applicants have the right to inquire for an explanation from the courts and be notified of developments.

¡@¡@However, if the appellees are confirmed as having no assets to be seized, applicants must take the consequences already established by relevant legal documents.

¡@¡@Meanwhile, appellees are required to declare their assets earnestly to the courts. If not, the courts may exercise their right of search, says the notice.

¡@¡@Anyone who purposefully delays repayment of debt will be fined and those who deliberately transfer, sell off, destroy or give away their assets or even obstruct the execution of court verdictsthrough violence or threats will face criminal charges. Enditem


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