Provisions of the Supreme People's Court on Online Inquiry or Freezing of Deposits of Persons Subject to Enforcement

Fa Shi [2013] No.20

August 29, 2013

The Provisions of the Supreme People's Court on Online Inquiry or Freezing of Deposits of Persons Subject to Enforcement (hereafter referred to as "the Provisions"), which has been adopted at the 1587th Meeting of the Judicial Committee of the Supreme People's Court on August 26, 2013, are hereby promulgated for implementation as of September 2, 2013.

In order to regulate the behaviors of online inquiry or freezing of deposits and other properties of persons subject to enforcement in the course of handling enforcing cases by the People's Court and to further improve the efficiency of enforcement, the Provisions have been formulated in accordance with the Civil Procedure Law of the People's Republic of China and in light of actual conditions of the People's Court.

Article 1 Where the People's Court has established the online inquiry and control mechanisms with certain financial institutions, it may carry out such measures over networks as inquiry and freezing of the deposits of persons subject to enforcement.
Establishment and operation of online inquiry and control mechanism shall be based on the following conditions:
1. The online inquiry and control system have been established, which has such functions as delivery, transmission and reaction on the information inquired and over the network;
2. Particular persons have been authorized to handle the business of online inquiry and control;
3. An electronic seal system in compliance with safety standards has been established;
4. Measures which can sufficiently secure the safety of the inquiry and control system and the information have been taken.

Article 2 Before carrying out the online inquiry and control measures, the People's Court shall report relevant certificates for official business with respect to the executive officers having the right to carry out the online inquiry and control measures to relevant financial institutions for record. When handling specific business, it is unnecessary to provide the corresponding financial institutions with such certificates.
In case of replacement of the executive officers authorized to handle the business of online inquiry and control, the People's Court shall in time report to the corresponding financial institutions, the information about the replacement and relevant certificates for record.

Article 3 When executing online inquiry of the deposits of persons subject to enforcement, the People's Court shall send an electronic notice of assistance in deposit inquiry to relevant financial institutions. In case of simultaneous inquiry into multiple cases, a list of cases to be inquired may be attached.
If the deposits of a person subject to enforcement are to be frozen or continually frozen, the People's Court shall in time send the electronic ruling on deposit freezing and the notice of assistance in deposit freezing to relevant financial institutions.
If the frozen deposits of a person subject to enforcement are to be unfrozen, the People's Court shall in time send the electronic ruling on deposit unfreezing and the notice of assistance in deposit unfreezing to relevant financial institutions.

Article 4 Any legal document sent by the People's Court to financial institutions shall bear electronic seals.
After assisting the executive officers in finishing the matters concerning the inquiry and deposit freezing, the financial institutions shall send over network, to the People's Court the inquiry and freezing results, bearing electronic seals.
The electronic legal documents issued by the People's Court and the electronic inquiry and freezing results issued by relevant financial institutions shall have the same effect as those paper legal documents and feedback results.

Article 5 The People's Court's online inquires into, freezing of, continually freezing of or unfreezing of the deposits of persons subject to enforcement over network shall have the same effect as those measures taken by executive officers at the places of business of the financial institutions.

Article 6 If a financial institution considers that the inquiry and control measures taken by the People's Court through the online inquiry and control system violate pertinent laws and administrative regulations, it shall put forward objections to the People's Court in writing. The People's Court shall finish review and make a written reply within 15 days.

Article 7 The People's Court shall use the online inquiry and control system to inquiry and control information in accordance with laws, administrative regulations and relevant operating practices so as to ensure the information safety.
While executing cases, the People's Court may neither disclose any inquired and controlled information obtained from the online inquiry and control system nor use such information for any other purposes than enforcement cases.
While executing cases, the People's Court may not take any online inquiry and control measure against any person other than those subject to enforcement.

Article 8 Where any person of the People's Court violates Article 7, disciplinary sanctions shall be imposed in accordance with the Regulations on Sanctions upon Officers of the People's Courts. Where the circumstance is so serious that it constitutes a crime, relevant criminal liabilities shall be investigated against him in accordance with law.

Article 9 If the People's Court has the technical conditions for money deduction and transfer over network, through negotiation with certain financial institutions, the People's Court may take such measures as deduction and transfer of the deposits of persons subject to enforcement through the online inquiry and control system.

Article 10 If there is online inquiry and control mechanism in place by the People's Court, with the administration for industry and commerce, securities regulatory institutions, housing and land administration and other units assisting in enforcement, and the People's Court takes inquiry and control measures against equity, stocks, funds in securities account, real estate and other properties of persons subject to enforcement through the online inquiry and control system, the Provisions shall be applied mutatis mutandis.