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SPC Seeks Comments on Judicial Interpretations for Trial of Lawsuits Involving Objections to Enforcement
2019-12-31 Published by:Editor

The Supreme People's Court ("SPC") recently issued the Interpretations on Issues Concerning the Application of Law in the Trial of Lawsuits Involving Objections to Enforcement (I) (Draft for Public Comments) (the "Draft for Comments") for public comments by December 23, 2019.

The Draft for Comments incorporates 20 articles, touching upon jurisdiction over a lawsuit involving an objection to enforcement when the court in charge of enforcement is changed, handling of a lawsuit involving an objection to enforcement filed after the enforcement has been completed, and handling of a lawsuit involving an objection to enforcement filed after the enforcement has been terminated. Among others, the Draft for Comments provides that a lawsuit involving an objection to enforcement filed by an outsider shall fall under the jurisdiction of the court in charge of enforcement. In case the court in charge of enforcement is changed before the first-instance court trial, as a result of enforcement designation for the enforcement case, the lawsuit involving an objection to enforcement filed by an outsider shall fall under the court currently in charge of enforcement after occurrence of such change. However, if the court currently in charge of enforcement is a people's court subordinate to the original court in charge of enforcement, the original court in charge of enforcement shall have jurisdiction over this lawsuit. Also, the Draft for Comments states that in the case of a lawsuit involving an objection to enforcement filed by an outsider, if the enforcement on the targeted subject matter involved in the objection raised by the outsider has been completed when the trial of such lawsuit or the examination of an application for a retrial is under way, this situation does not affect the ongoing trial or possible retrial of the case by the people's court.

 

(Source: Supreme People’s Court)


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