Sometimes, winning a judgment means nothing to the plaintiff, since enforcement has been a serious and difficult problem under China’s legal system in past decades. All a People’s Court can do is seize, freeze or sell the properties of, or impose a fine or detention on, the person subject to enforcement according to the Civil Procedure Law.
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However, those people subject to enforcement either have little fear of no more than 15 days detention, or have already concealed or transferred their properties long before the legal enforcement.
It therefore seems necessary, and urgent, for the Chinese government and the People’s Courts to improve the situation with several provisions and opinions having been issued in succession.
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JEREMY ZHOU is a partner at Boss & Young in Shanghai.
12th-15th Floor, 100 Bund Square, 100 South
Zhongshan Road, Huangpu District, Shanghai
www.boss-young.com
Contact details:
Tel: +86 21 2316 9090
Fax: +86 21 2316 9000
Email: zhoujingmin@boss-young.com
