· Area of Law： Judicial Assistance Legislative Affairs

· Level of Authority： Local Judicial Documents

· Date issued：03-03-2009

· Status： Effective

· Issuing Authority： Guangdong Province

Notice of the Higher People's Court of Guangdong Province on Issuing the Interim Provisions of the Higher People's Court of Guangdong Province on Handling Cases Involving the Adding or Change of an Enforcee in the Enforcement Procedure
The people's courts at all levels of Guangdong Province, the Maritime Court of Guangzhou, and the railway transport courts of Guangzhou at two levels:
To regulate the handling of cases involving the adding or change of an enforcee in the enforcement procedure, the Higher People's Court of Guangdong Province, according to the Civil Procedure Law of the People's Republic of China and the relevant judicial interpretations of the Supreme People's Court and in light of the actual situations of the judicial work, has formulated the Interim Provisions of the Higher People's Court of Guangdong Province on Handling Cases Involving the Adding or Change of an Enforcee in the Enforcement Procedure, which are hereby issued to you for your earnest compliance and implementation. If you encounter any problem in the process of implementation, please timely report it to the Higher People's Court of Guangdong Province.
March 3, 2009
Interim Provisions of the Higher People's Court of Guangdong Province on Handling Cases Involving the Adding or Change of an Enforcee in the Enforcement Procedure
To correctly handle cases involving the adding or change of an enforcee in the civil enforcement procedure and protect the legitimate rights and interests of the parties concerned and the interested parties, these Interim Provisions are formulated according to the Civil Procedure Law of the People's Republic of China and the relevant judicial interpretations of the Supreme People's Court.
Article 1 In the enforcement process of a case, a party concerned or an interested party may file a petition with the enforcement court for adding a party which is not a party to the case as an enforcee or changing a party which is not a party to the case into an enforcee.
The petition of a party concerned or an interested party for adding or changing an enforcee must be filed in writing, and the corresponding evidentiary materials shall be submitted along with the petition.
Article 2 The case-filing tribunal of the enforcement court shall, within 7 days after receiving the petition materials for the adding or change of an enforcee, make a decision on whether to docket the case upon examination. If it decides to docket the case, it shall notify all parties concerned of the decision in writing within 3 days after making the decision, and, based on the petition reasons, transfer the case files to the enforcement body or the competent civil tribunal for examination, according to the following different circumstances:
1. If a party concerned or an interested party petitions for adding or change of an enforcee under any of the following circumstances, the enforcement body shall be responsible for examining the case:
(1). For the death of a debtor, the party concerned or interested party petitions for changing the debtor's inheritor, legatee, executor or estate administrator into an enforcee;
(2). For the debtor is declared missing, the party concerned or interested party petitions for adding or changing the property custodian of the debtor as or into an enforcee;
(3). For the name change of the debtor, the party concerned or interested party petitions for changing the renamed debtor into an enforcee;
(4). For the merger of the debtor which is an enterprise legal person, the party concerned or interested party petitions for changing the enterprise legal person existing after the merger into an enforcee;
(5). Where a minor commits a tort and the guardian of the minor is determined in the enforcement basis as an enforcee for the civil liability from the tort, the party concerned or interested party petitions for adding the minor as an enforcee after he reaches the legal age; or
(6). Where a debt determined in the enforcement basis is transferred to or undertaken by a third party, the party concerned or interested party petitions for changing the third party into an enforcee.
2. If a party concerned or an interested party petitions for adding or change of an enforcee under any of the following circumstances, the competent civil tribunal shall be responsible for examining the case:
(1). For the personal property of a debtor is insufficient for paying off his debts, the party concerned or interested party petitions for adding a family member of him as an enforcee;
(2). Where an enterprise legal person as the debtor is deregistered without going through the liquidation procedure, the party concerned or interested party petitions for changing the liquidator or the party responsible for liquidation into an enforcee;
(3). For the split of an enterprise legal person as a debtor, the party concerned or interested party petitions for adding or changing the enterprise legal person(s) existing after the split as or into an enforcee(s);
(4). Where the property of the original enforcee is allocated free of charge to another enterprise or individual by the superior organ of the enforcee or any other organization, the party concerned or interested party petitions for adding the enterprise or individual which acquires the property as an enforcee; or
(5). For an investor's false contribution to the registered capital or illegal withdrawal of capital from the registered capital, the party concerned or interested party petitions for adding the investor as an enforcee.
Article 3 The competent civil tribunal or the enforcement body shall form a collegial panel to examine a case involving a petition for adding or changing an enforcee, and, within 30 days after the case is docketed, make a ruling on adding or changing an enforcee or rejecting the petition for adding or changing an enforcee.
Against the above ruling, the party concerned or interested party may, within 10 days after receiving the written ruling, file a written enforcement objection with the enforcement court, and submit the relevant evidentiary materials at the same time.
Article 4 The case-filing tribunal of the enforcement court shall be responsible for examining the enforcement objection filed by the party concerned or interested party, and, within 7 days after receiving the objection, make a decision on whether to docket the case and notify the objecting party in writing.
If the case-fling tribunal decides to docket the case, it shall, within 2 workdays after making the decision, transfer the enforcement objection case files to the competent civil tribunal for examination according to the nature of the enforcement objection case.
Article 5 The competent civil tribunal handling the above enforcement objection case shall form a separate collegial panel to examine the case, and, within 15 days after the case is docketed, make a ruling according to law. Any extension of this time limit for any special reason shall be subject to the approval of the president of the court.
Article 6 Against the enforcement objection ruling made by the enforcement court, the party concerned or interested party may, within 10 days after receiving the written ruling, apply in writing to the people's court at the next higher level of the enforcement court for enforcement reconsideration, and submit the relevant evidentiary materials.
Article 7 The case-filing tribunal of the people's court at the next higher level shall be responsible for examining the reconsideration application, and, within 7 days after receiving the reconsideration application, make a decision on whether to docket the case, and notify the applicant in writing.
Article 8 If the case-filing tribunal decides to docket the reconsideration case, it shall, within 2 workdays after making the decision, transfer the case files to the competent civil tribunal for examination according to the nature of the enforcement reconsideration.
Article 9 The competent civil tribunal examining the enforcement reconsideration case shall form a collegial panel, and, within 30 days after the case is docketed, make a ruling according to law. Any extension of this time limit for any special reason shall be subject to the approval of the president of the court.
Article 10 Where the party concerned or interested party petitioning for adding or changing a party which is not a party to the case as or into an enforcee petitions at the same time for sealing up, freezing or seizing the property of such a party, the case-filing tribunal of the enforcement court shall be responsible for examining and handling the petition. If the party concerned or interested party provides any corresponding property as a security, the case-filing tribunal shall generally decide to seal up, freeze or seize the property of such a party, but shall not take any disposing measure against the above property under control pending the examination of an enforcement objection or reconsideration.
Where any loss is caused to the property of such a party for any wrongful sealing up, freeze or seizure, the party concerned or interested party petitioning for adding or changing an enforcee shall assume the corresponding compensatory liability.
Article 11 These Interim Provisions shall come into force on March 3, 2009.