Applying for enforcement mainly refers to the situation where the debtor fails or refuses to perform obligations specified in the legal document after the court passes the judgment, the parties put forward　application to the competent court for the implementation within the time　frame for enforcement. To facilitate the implementation of the procedures and protect your legal rights and interests, please read the following instructions about the application for enforcement.

1. Please Check whether it Falls into a Category of the Following Enforcement Cases: 　　

The civil judgments, rulings and mediations　that take legal effect and request property payment; in order of payment with the legal effect; arbitration award and mediation made by arbitral organs;the notarization of creditor’s rights made enforceable according to law by the notary office; the judgments or the orders made by foreign courts and the validity is recognized; arbitration award made by foreign trail organs; and other legal provisions prescribed by the law to be to be enforced by the court.

The mediation agreement made by international civil and commercial expert committee of the same rank, specially invited mediator or international mediation organization cooperated with the Court may apply for the execution by the Court after judicial confirmation.

The arbitration ruling or mediation settlement made by international arbitration organizations cooperated with the Court may convert into judgement on the basis of the parties’　will and take its legal effect. The parties may apply for compulsory enforcement by the Court.

2. The Obligations of the Applicant for Enforcement

2.1 The applicant shall submit to the court the property status of the debtor or the property clues attributing to the enforcement.

2.2The materials to include when applying for enforcement shall include: the application enforcement; effective legal documents; certifying documents of effective judgment; property preservation list in cases that measures have been taken for property preservation; files proving that　property of the party subject to enforcement is available for enforcement and the suspension of enforcement can be resumed after examination; qualification materials of the applicant and the person　against whom the application is made for, if the applicant is an individual, name,　gender, age, nationality, residence, identity card number and other basic information, such as identity card, residence booklet, proof of residence, passport, Hong Kong compatriots’ HVPS; if you are acting on behalf of a legal person or an organization, business　registration certificate or organization code certificate of the legal person or other organization identity certificate of the legal person or the person in charge.

If the information of applicant, legal person or entrusted representative in international civil and commercial cases is inconsistent with that of the judgement, the applicant, legal person or entrusted representative should resubmit relevant information.　In cases where foreign nationals, stateless persons, foreign legal persons and other organizations that have no residence in the territory of the People’s Republic of China entrust the lawyer or other persons of the People’s Republic of China to litigate, the Power of Attorney sent or delivered from territories outside the People’s Republic of China shall be certified by the notary office of their own country and authenticated by the Embassies and Consulates of the People’s Republic of China or certified through the procedures stipulated in the relevant treaties established between the People’　Republic of China and their country.

Power of Attorney signed by foreign nationals and stateless persons in front of a staff member of a people’s court is not required for certification, authentication or other certification procedures. But foreign nationals and stateless persons shall show proof of identification and entry permit when signing the Power of Attorney and indicated by the staff of the people’s court on the Power of Attorney. Power of Attorney signed by foreign nationals and stateless persons in China is not required for certification, authentication or other certification procedures, after the notary office certifies the identification of the　foreign nationals and stateless persons and verifies that the Power of Attorney is signed in China.

Power of Attorney signed by foreign legal persons and legal representatives, or persons in charge, of other organizations in front of a staff member of a people's court is not required for certification, authentication or other certification procedures. Foreign legal persons and legal representatives, or persons in charge, of other organizations shall show proof of identification and entrust permit when signing the Power of Attorney to a staff member of the people's court, and also submit certificated and authenticated proof documents issued by the legal personnel or other organizations　to prove the right to sign the Power of Attorney. The staff of the people’s court shall indicate the situation of the Power of Attorney.

　Power of Attorney signed by foreign legal persons or legal representatives, or persons in charge, of other organization in China is not required for certification, authentication or other certification procedures after the Power of Attorney being proved by notary office that it is signed in China and the legal representatives or persons in charge submitting the certificated and authenticated proof document　issued by the legal personnel or other organizations to prove the right to sign the Power of Attorney.

Hong Kong, Macao and Taiwan resident’s civil litigation representative shall be conducted in accordance to provisions of foreign civil litigation representative. Hong Kong and Macao residents who are qualified to practice in Mainland China are not allowed to act as agents in the capacity of lawyers. 　　Mainland China, except for civil litigation outside the Announcement on the Scope of Hong Kong of or　Macao-Related Civil Cases Permitting the Representation of Hong Kong or Macao Residents Holding Mainland's Legal Profession Qualification and the Mainland's Lawyer’s Practicing License in the People’s Courts of the Mainland　(Ministry of Justice Notice No. 136)

3. The Debtors Obligations

To appear in court on time, declare the property status faithfully, and fulfil the obligations in the legal documents.

4. Limitation period for the Implementation. 　　

The limitation period for the submission of application for enforcement is two years,　suspension or interruption of the limitation period for the enforcement of the application is　governed by the provisions of the law concerning the limitation of suspension and interruption.　Expiration date for the application shall start from the last day of the period specified by the legal document; if the legal document specifies performance in stages, the Limitation period　is　calculated from the last day of the period specified for each stage of performance; if　the legal document does not specify the expiration date, the Limitation period shall be calculated from the day where legal documents take into effect.

If there are other provisions in international treaties PRC concluded with other countries or international practice which has take legal effect in PRC, the limitation period should follow the provisions.

5. Acceptance and Enforcement

The cases that meet the requirements shall be examined and filed within seven days and transfer to the enforcing representative. If the case does not fulfil the requirements, the case will be reject　within seven days;

After receiving the transfer, the enforcement organ will issue a notice of enforcement to the party　subject to the penalties within ten days, and order him to fulfil the obligations as determined by the legal　instrument in effect.

6. The Burden of Proof of the Parties

During the implementation, the applicant should actively cooperate with the court, in accordance with the requirements of the court, timely submit the debtor’s property status, property clues and whereabouts of the person subjected to such circumstances. The risk will be borne by the enforcement applicant when the court is unable to enforce the debtor's property;　Upon receipt of the notice of enforcement of the court, the person subjected to enforcement shall　declare the property voluntarily, including the status of the property, the property to be to be enforcement　and its supporting documents;

When the applicant has knowledge of the property clues of the person being to be enforced, he may request a court investigation if he finds out that the property situation of the person subjected to the　enforcement is resisting. However, the applicant shall make a written application and explain the reason.

7. Compulsory Enforcement

During enforcement, the court may freeze, allocate deposits, deposit, search, seal up, detain, auction, sell property, and forcibly move him out of houses and so on. However, when such measures　are taken, the necessary living expenses of the person subject to the penalties and the family members’ living　supports shall be preserved.

The legal representative or the person in charge of the person subject to the penalties or the person　subject to the penalties himself, has the obligation to inquire in court. The debtor or the debtor’s legal representative, having been served twice with summons, does not appear in court may be constrained to　appear in court by a peremptory writ.

The debtor or any other person who refuses to carry out legally effective judgments or obstructs the enforcement, the court may impose a fine detain or even hold him criminally responsible:concealment transfer, sale or destruction of the property submitted to the court as security; malicious collusion between the non-party and the debtor to transfer property; deliberate destruction of the court notice and　seal; forgery, concealing or destroying the important evidence against the court the property status and the ability to fulfil the obligations of the person subjected to enforcement; instigating, suborning, forcing others to commit perjury about the debtor's property status and ability to fulfil its obligations　and obstruction of court search; using violence, threats or other methods of obstructing or impairing　enforcement; making an uproar and seriously disrupts the enforcement site; insulting, slandering;　framing, threatening, assaulting or maliciously retaliating against judicial officials or personnel and the enforcement; damaging and snatching the case materials, official vehicles and other equipment clothing and certificates of judicial officials.

8. Non-party's Objection.

If a non-party who raises an objection with respect to the object subjected to enforcement, he shall make an objection to the court. The objection of an outsider should generally be put forward in written form and the corresponding evidence shall be submitted. The court shall examine the objection　in accordance with the procedure prescribed by the law.

9. Debt at Maturity

In accordance with the application of the person for enforcement or person subject to enforcement, the court shall issue to the third party an announcement of the performance of the maturing debt, and the third party disagrees, the court shall, within fifteen days after receipt of the performance notice, bring　forward the case to the enforcement court. If the third party raises an objection within the specified time　limit, the court may not enforce the law on the third party.

10. Supervision and Objection

If the parties involved in the enforcement of the case and the interested parties believe that the enforcement of the personnel is improper or erroneous, they shall have the right to respond to the court where the enforcement officer is located, and the court shall promptly handle the case. If the parties involved in the enforcement of the case and the interested parties believe that the specific implementation of the court and the ruling and decisions are inappropriate or wrong, they reserve the right to put forward requirement for supervision from the superior court of the court that is responsible for the　enforcement.　The parties involved in the enforcement of the case and the interested parties have enforcement officials to perform their duties, file a report or complaint to inspection department or other　relevant departments of the court about the enforcement personnel's illegal acts in enforcement. 　　

If the party concerned or the interested party considers that the act of enforcement violates the provisions of the law, he may file a written objection to the court. The court reviews and makes a ruling　in accordance with the law. If the party concerned or the interested party is not satisfied with the order,　he may apply to the higher court for reconsider within ten days after the date on which the ruling served.　In the course of enforcement, the non-party can raise an objection in written form with respect　to the object subjected to enforcement and the court shall conduct a　examine the objection and making a ruling in accordance with the law. If the non-party and the party concerned are not satisfied with the order and believe that the original judgment or ruling is wrong, It shall be dealt with in accordance with the procedure for trial supervision; if the non-party has something that has nothing to do with the original judgment or ruling, he shall have the right to appeal to the court within fifteen days after the date on which the written order is served.

11. Special Attention is Required to be Paid to the Following Legal Responsibilities in Enforcement

The court shall take compulsory measures of sealing up, freezing property, imposing a fine, detaining, constraining him to appear in court by a peremptory writ or even hold him criminally responsible if he violates the law for refusing to carry out, impede the implementation　or commit any of the following acts: refusal to appear in the court on time of the person subjected to enforcement who is required to appear in the court to be questioned, the debtor’s legal representative or principal　leads;　failure to declare property faithfully, impeding the court’s search or deliberately destroying the enforcement notice and seal, using violence, threats or other means to prevent or resist the enforcement, and　insulting, slandering, framing, threatening, assaulting or maliciously retaliating against judicial officials or personnel assisting the enforcement.