Provisions of the Supreme People's Court on the Seizure, Detention and Freezing of Property in Civil Execution by the People's Courts
Article 5 The people's courts shall not seize, detain or freeze the following properties of the executed person:
(1) Clothes, furniture, cooking utensils, cutlery, and other articles necessary for the living of the executed person and his or her dependent family members;
(ii) the necessary living expenses of the executed person and his dependent family members. If there is a local minimum standard of living, the necessary living expenses shall be determined in accordance with such standard;
(c) Items necessary for the executed person and his/her dependent family members to complete compulsory education;
(d) Undisclosed inventions or unpublished writings;
(e) Assistive tools and medical articles necessary for the executed person and his/her dependent family members to use for physical defects;
(f) The necessary living expenses for the family. p>
(vi) medals and other articles of honorary recognition obtained by the executed person;
(vii) according to the Law on Procedures for the Conclusion of Treaties by the People's Republic of China*** and the People's Republic of China, treaties, agreements and other documents in the nature of treaties or agreements concluded with foreign states or international organizations in the name of the People's Republic of China, the Government of the People's Republic of China*** and the People's Republic of China, or the governmental departments of the People's Republic of China*** and the People's Republic of China Provides that the property exempted from seizure, detention and freezing;
(h) (viii) other property that may not be seized, detained or frozen as provided by law or judicial interpretations.
Expanded Information
Enforcement Measures:
China People's **** and National Civil Procedure Law (amended in 2012), Chapter 21, Enforcement Measures
Article 241 Executed Person Failure to Perform Obligations Established in Legal Documents According to the Enforcement notice to fulfill the obligations determined by a legal instrument, shall report on the current and one year prior to the date of receipt of the notice of execution of the property. If the executed person refuses to report or falsely reports, the people's court may, depending on the severity of the case, impose a fine or detention on the executed person or his legal representative, the principal person in charge of the unit concerned or the person directly responsible.
Article 242 The executed person fails to fulfill the obligation determined by the legal instrument according to the execution notice, the people's court has the right to inquire the relevant units about the property of the executed person such as deposits, bonds, stocks, fund shares and other property. The people's court has the right to seize, freeze, transfer or realize the property of the executed person according to different circumstances. The people's court inquiries, seizure, freezing, transferring, realizing the property shall not exceed the scope of the executed person shall fulfill his obligations.
The people's court decides to seize, freeze, transfer or realize the value of the property, it shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit concerned.
Article 243 The executed person fails to fulfill the obligations determined by the legal instrument in accordance with the execution notice, the people's court shall have the right to withhold and withdraw the income from the part of the executed person that should fulfill the obligations. However, it shall retain the necessary living expenses of the executed person and his dependent family members.
When the people's court withholds or withdraws the income, it shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit of the executed person, banks, credit cooperatives and other units with savings business.
Article 244 The people's court shall have the right to seize, detain, freeze, auction or sell the property of the part of the property where the executed person shall fulfill his obligations if he fails to fulfill the obligations determined by the legal instrument according to the execution notice. However, it shall retain the necessities of life of the executed person and his dependent family members.
To take the measures in the preceding paragraph, the people's court shall make a ruling.
Article 245 of the people's court seized, the seizure of property, the executed person is a citizen, shall notify the executed person or his adult family members to be present; the executed person is a legal person or other organization, shall notify its legal representative or the main person in charge to be present. Refusal to appear does not affect the execution. If the executor is a citizen, his work unit or the grass-roots organization where the property is located shall send someone to attend.
The property seized, seized property, the executor must make a list, signed or stamped by the person present, and then handed over a copy to the executor. If the executor is a citizen, he may also hand over a copy to his adult family members.
Article 246 of the seized property, the executor may designate the executor is responsible for custody. Any loss caused by the fault of the executor shall be borne by the executor.
Article 247 After the property has been seized or impounded, the executor shall order the executor to fulfill the obligations determined by the legal instrument within the designated period. If the executor fails to fulfill the obligation within the specified period, the people's court shall auction the property seized or impounded; if it is not suitable for auction or the parties agree not to auction, the people's court may entrust the relevant unit to sell or sell on its own. The state prohibits the free sale of goods, to the relevant unit in accordance with the state price.
Article 248 of the executed person does not fulfill the obligations determined by legal documents, and concealment of property, the people's court shall have the right to issue a search warrant for the executed person and his residence or property hiding place to be searched.
To take the measures in the preceding paragraph, the president shall issue a search warrant.
Article 249 of the legal instrument designated for the delivery of property or bills, the executor summoned the parties to deliver in person, or the executor forwarded by the person to be delivered and signed by the person to be delivered.
The relevant unit holds the property or instrument, shall be transferred in accordance with the people's court's notice of assistance in execution, and signed by the person to be delivered.
The citizen concerned holds the property or instrument, the people's court shall notify him to hand it over. If he refuses to surrender it, it shall be enforced.
Article 250 forced to move out of the house or forced to withdraw from the land, issued by the President of the announcement, ordering the executor to fulfill within a specified period. If the executor fails to fulfill it within the specified period, it shall be enforced by the executor.
Enforcement, the executor is a citizen, shall notify the executor or his adult family members to be present; the executor is a legal person or other organization, shall notify its legal representative or the main person in charge to be present. Refusal to appear does not affect the execution. If the executor is a citizen, his work unit or the grass-roots organization where the house or land is located shall send someone to attend. The enforcer shall record the enforcement of the situation in the transcript, signed or stamped by the person present.
Forced to move out of the house was removed from the property, the people's court sent to transport to the designated premises, to the executor. If the executed person is a citizen, it may also be handed over to his adult family members. Any loss caused by the refusal to receive it shall be borne by the executed person.
Article 251 in the implementation of the need for the transfer of the relevant property rights license procedures, the people's court may issue a notice of assistance in the implementation of the relevant units, the relevant units must be handled.
Article 252 For the acts specified in the judgments, rulings and other legal documents, if the executed person fails to fulfill them in accordance with the execution notice, the people's court may enforce the execution or delegate the relevant units or other persons to complete them, with the expenses to be borne by the executed person.
Article 253 If the executed person fails to fulfill the obligation to pay money within the period specified in the judgment, ruling and other legal instruments, he shall pay double the interest on the debt for the period of delayed performance. If the executed person fails to fulfill other obligations within the period specified in the judgment, ruling and other legal instruments, he shall pay the delayed performance.
Article 254 the people's court to take the enforcement measures provided for in articles 242, 243 and 244 of this law, the executor is still unable to repay the debt, shall continue to fulfill the obligation. If the creditor discovers that the executed person has other property, it may at any time request the people's court for execution.
Article 255 of the executed person does not fulfill the obligations determined by legal instruments, the people's court may take or notify the relevant units to assist in taking the restriction on leaving the country, record in the credit system, through the media to publish information on failure to fulfill the obligations, as well as other measures prescribed by law.