· Document Number：No.337 [2011] of the Higher People’s Court of Beijing Municipality

· Area of Law： Judicial Assistance Legislative Affairs

· Level of Authority： Local Judicial Documents

· Date issued：10-31-2011

· Status： Effective

· Issuing Authority： Beijing Municipality

Opinions of the Higher People's Court of Beijing Municipality on Implementing the Provisions of the Supreme People's Court on Several Issues Regarding Entrusted Enforcement (for Trial Implementation)
(October 31, 2011, No.337 [2011] of the Higher People's Court of Beijing Municipality)
To strengthen the unified administration and supervision of entrusted enforcement in courts of this Municipality and further regulate entrusted enforcement, these Opinions are formulated in accordance with the Civil Procedure Law of the People's Republic of China and the Provisions of the Supreme People's Court on Several Issues Regarding Entrusted Enforcement and in light of the actual situations of the enforcement work of courts of this Municipality.
Article 1 To entrust a case to a court in a different location, the following steps shall be completed:
1. According to the requirements on finding cases without property available for enforcement as specified in the Notice of the Committee of Political and Legislative Affairs under the CCCPC and the Supreme People's Court on Regulating the Case Closing Criteria for the Intensive Inventory and Review of Long-pending Enforcement Cases , finding as a result of investigation on the enforcee's property status in the municipal district that the enforcee has no property for enforcement; and
2. Verifying that the enforcee has property available for enforcement in another province, autonomous region or municipality directly under the Central Government.
When handling entrustment formalities, the entrusting court shall provide the above-mentioned property investigation materials to the entrusted court.
Article 2 In urgent situations or when there is the possibility of the enforcee's transferring the property, the entrusting court shall take control measures for the property concerned at the other place before handling the enforcement entrustment formalities.
If the seizure, detention or freezing measure has less than one month to expire when the case is entrusted to the entrusted court, the entrusting court shall renew the said measure before transferring the case to the entrusted court.
Article 3 After receiving the entrusted court's notice of case opening, the entrusting court shall report the settlement of the case as “entrusted enforcement” in the judicial case management system.
Article 4 After accepting a case entrusted for enforcement, the enforcement department shall examine the letter of entrusted enforcement and the relevant materials after receiving them. If the materials are not prepared as required, it shall ask the entrusting court to produce a supplement. If the entrusting court fails to produce the supplement materials within 30 days without good reasons, the entrustment shall be deemed withdrawn, and the enforcement department shall fill out the Examination and Approval Form for the Return of a Case Entrusted for Enforcement by a Court of Beijing Municipality in duplicate, and submit it to the Higher People's Court of this Municipality for examination and approval. One copy of the Examination and Approval Form shall be placed on file while the other one shall be submitted to the Higher People's Court of this Municipality for future reference.
If it meets the acceptance conditions as turned out upon examination, the enforcement department shall transfer it to the case-opening department for case-opening. After a case is opened, the enforcement department shall serve a case-opening notice upon the party applying for enforcement, and notify in writing the entrusting court of the persons designated to handle the case and their telephone numbers.
Examination and case-opening shall be finished within seven days after the letter of entrusted enforcement and the relevant materials are received.
Article 5 Reports on situations on entrusting cases for enforcement, accepting cases entrusted for enforcement and withdrawing entrustments shall be submitted to the Higher People's Court of this Municipality for archival purposes on a monthly basis. A Statistical Statement on the Filing of Entrustment of Cases for Enforcement by Courts of Beijing Municipality, a Statistical Statement on the Filing of Acceptance of Cases Entrusted for Enforcement by Courts of Beijing Municipality and a Statistical Statement on the Filing of Withdrawal of Entrustment of Cases for Enforcement by Courts of Beijing Municipality shall be filled out and submitted. Reports on the aforesaid situations in each month shall be made before the 25th day of that month.
Article 6 If disposition measures need to be taken in another province, autonomous region or municipality directly under the Central Government in the course of enforcement, the issue must be reported to the Higher People's Court of this Municipality for examination and approval at least 10 days beforehand, except for urgent situations. To do this, an Examination and Approval Form on Enforcing a Case in a Different Location by a Court of Beijing Municipality shall be filled out in duplicate and submitted to the Higher People's Court of Beijing Municipality for examination and approval. One copy of the examination and approval form shall be placed on file while the other one shall be submitted to the Higher People's Court of Beijing Municipality for future reference.
For simple enforcement measures such as capital transfer between different locations, the Higher People's Court of this Municipality may reply directly to the court concerned; for enforcement measures which are complex or involve uncertain factors such as evaluation, auction or sale in different locations, the Higher People's Court of this Municipality shall decide whether to approve after hearing the opinions of the court concerned on the case.
To report a case, in addition to filling out the above-mentioned examination and approval forms, the court shall also provide written materials on the basic information about the case, risk assessment and handling plans.
Article 7 Entrusted matters shall be served in the form of confidential matters to handle the relevant formalities, and it is not necessary to make a report to the higher people's court for archival purposes. However, the courts are required to collect statistics on entrusted matters and register the contents, time and handling result of the entrustment of matters to courts in different locations and the acceptance of matters entrusted by courts in different locations. Data on entrusted matters for a given year shall be submitted to the Higher People's Court of Beijing Municipality before December 25 of that year.
Article 8 All levels of courts of this Municipality shall designate special persons to be responsible for the filing, reporting for approval, statistics and other matters of cases of entrusted enforcement.
Article 9 Generally, if the property for enforcement is located within the jurisdiction of this Municipality and the enforcement involves the jurisdictions of two or more intermediate or grassroots people's courts, the case shall not be entrusted for enforcement, and it is not necessary to handle the approval formalities for enforcement in a different location. If it is in deed necessary to entrust the case for enforcement, the court is required to report it to the Higher People's Court of this Municipality for designated enforcement.
Article 10 The cases which have been entrusted for enforcement or which have been opened for entrusted enforcement before the Provisions of the Supreme People's Court on Several Issues Regarding Entrusted Enforcement come into force shall be governed by the previously issued entrusted enforcement provisions.
Article 11 The power to interpret these Opinions remains with the Enforcement Bureau of the Higher People's Court of Beijing Municipality.
Article 12 These Opinions shall come into force on the date of issue.