The Supreme People’s Court Judicial Interpretation

Legal Analysis:

Hello, now I will answer your question about the judicial interpretation of the Supreme People's Court on execution as follows: "The Supreme People's Court on the Application of the People's Republic of China The Civil Procedure Law of the People's Republic of China "Interpretation of Several Issues in Enforcement Procedures" is to promptly and effectively execute effective legal documents in accordance with the law and safeguard the legitimate rights and interests of the parties. According to the "Civil Procedure Law of the People's Republic of China" revised in October 2007 (hereinafter referred to as the Civil Procedure Law), based on the actual enforcement work of the people's courts, judicial interpretations on several issues concerning the application of law in the enforcement procedures, the People's Republic of China and the Supreme People's Court Announcement of the Law Interpretation [2008] No. 13, since 2009 It will come into effect on January 1, 2019. Chinese name: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Enforcement Procedures of the "Civil Procedure Law of the People's Republic of China" Promulgating Authority: Supreme People's Court Implementation Date: January 1, 2009 Document Number: Legal Interpretation [2008] No. 13 Court Announcement Legal Interpretation [2008] No. 13 "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Enforcement Procedures of the Civil Procedure Law of the People's Republic of China" was adopted by the 1452nd meeting of the Judicial Committee of the Supreme People's Court on September 8, 2008. It is hereby announced and will come into effect on January 1, 2009. Interpretation of Issues on November 3, 2008 Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Enforcement Procedures of the Civil Procedure Law of the People's Republic of China (1452nd Meeting of the Judicial Committee of the Supreme People's Court on September 8, 2008 Passed) In order to promptly and effectively execute effective legal documents in accordance with the law and safeguard the legitimate rights and interests of the parties, in accordance with the "Civil Procedure Law of the People's Republic of China" revised in October 2007 (hereinafter referred to as the Civil Procedure Law), in conjunction with the execution by the People's Court In actual work, the following explanations are given on several issues concerning the application of law in execution procedures: Article 1 If the person applying for execution applies for execution to the people's court where the property to be executed is located, he shall provide evidence proving that there is property available for execution in the jurisdiction of the people's court. Article 2: For an enforcement case over which two or more people's courts have jurisdiction, if the people's court discovers that another people's court with jurisdiction has already filed the case before filing the case, it shall not file the case again. After the case is filed, if it is discovered that another people's court with jurisdiction has already filed the case, the case shall be dismissed; if enforcement measures have been taken, the property under control shall be handed over to the enforcement court that filed the case first. Article 3: After the People's Court accepts an enforcement application, if the parties have objections to jurisdiction, they shall raise their objections within ten days from the date of receipt of the enforcement notice. The people's court shall review the objections raised by the parties. If the objection is established, the enforcement case shall be withdrawn and the parties concerned shall be informed to apply for enforcement to the people's court with jurisdiction. If the objection is not established, the ruling shall be made to reject it. If the parties concerned are dissatisfied with the ruling, they may apply for reconsideration to the people's court at the next higher level. During the review and reconsideration of jurisdictional objections, execution will not be suspended. Article 4 For a case in which a people's court has taken property preservation measures, if the person applying for execution applies to a people's court with jurisdiction other than the people's court that has taken preservation measures, the people's court that has taken preservation measures shall hand over the preserved property to the enforcement court. deal with. Article 5: During the execution process, if the parties or interested parties believe that the enforcement action of the enforcement court violates legal provisions, they may raise objections in accordance with the provisions of Article 202 of the Civil Procedure Law. The enforcement court shall review and handle enforcement objections and shall make a ruling within fifteen days from the date of receipt of the written objection. Article 6 When parties or interested parties apply for reconsideration in accordance with Article 202 of the Civil Procedure Law, they shall do so in writing. Article 7 The written materials applied for reconsideration by parties and interested parties may be forwarded through the enforcement court or submitted directly to the People's Court at the higher level of the enforcement court. After receiving the application for reconsideration, the enforcement court shall submit the case file materials required for reconsideration to the people's court at the next higher level within five days; after receiving the application for reconsideration, the people's court at the next level above shall notify the enforcement court to submit the necessary case files for reconsideration within five days. case file materials. Article 8 The people's court at the next higher level shall form a collegial panel to review the reconsideration application of the parties and interested parties.

Article 34: If the person applying for execution requests to inquire about the property information reported by the person subject to execution, the people's court shall allow it. The person applying for execution shall keep confidential the property information of the person subject to execution that he inquires about. Article 35: Regarding the property information reported by the person subject to execution, the enforcement court may investigate and verify it based on the application of the person applying for execution or ex officio. Article 36: If the person subject to execution is restricted from leaving the country in accordance with Article 231 of the Civil Procedure Law, the person applying for execution shall submit a written application to the execution court; when necessary, the execution court may make a decision ex officio. Article 37 If the person subject to execution is an entity, its legal representative, principal person in charge, or persons directly responsible for affecting debt performance may be restricted from leaving the country. If the person subject to execution is a person without capacity for civil conduct or a person with limited capacity for civil conduct, his or her legal representative may be restricted from leaving the country. Article 38 During the period of restriction on leaving the country, if the person subject to execution performs all the debts specified in the legal document, the enforcement court shall promptly lift the measures restricting exit from the country; if the person subject to execution provides a sufficient and effective guarantee or applies for the consent of the executioner, the restriction may be lifted Exit measures. Article 39 In accordance with the provisions of Article 231 of the Civil Procedure Law, the enforcement court may, ex officio or at the request of the person applying for enforcement, publish information on the person subject to enforcement's failure to perform the obligations specified in the legal document through newspapers, radio, and television. , Internet and other media announced. The relevant expenses for publication in the media shall be borne by the person subject to execution; if the person applying for execution applies for publication in the media, the relevant expenses shall be paid in advance. Article 40 If the judicial interpretation issued by this court before the implementation of this interpretation is inconsistent with this interpretation, this interpretation shall prevail. Legal basis:

The Supreme People's Court and the Supreme People's Procuratorate's "Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Theft", Fa Interpretation [2013] No. 8 (No. 8 of the Adjudication Committee of the Supreme People's Court on March 8, 2013 Adopted at the 1571st meeting of the Supreme People's Procuratorate at the 1st meeting of the 12th Procuratorial Committee of the Supreme People's Procuratorate on March 18, 2013, and effective from April 4, 2013) In order to punish criminal theft activities in accordance with the law and protect public and private property, according to the "People's According to the relevant provisions of the "Criminal Law of the People's Republic of China" and the "Criminal Procedure Law of the People's Republic of China", several issues concerning the application of laws in handling criminal cases of theft are hereby explained as follows: Article 1 Theft of public and private property worth one thousand yuan to three thousand yuan Those exceeding 1,000 yuan, 30,000 yuan to 100,000 yuan, and 300,000 yuan to 500,000 yuan shall be deemed as “larger amounts”, “huge amounts”, and “huge amounts” as stipulated in Article 264 of the Criminal Law respectively. "The amount is extremely huge." The higher people's courts and people's procuratorates of each province, autonomous region, and municipality directly under the Central Government may, based on the economic development status of the region and taking into account the social security situation, determine the specific amount standard for implementation in the region within the amount range specified in the preceding paragraph, and report it to the Supreme People's Court and the Supreme People's Court. Procuratorate approved. If theft occurs on a public transport vehicle operating across regions and the location of the theft cannot be verified, whether the amount of theft reaches a "large amount", "huge amount" or "especially huge amount" shall be determined based on the province, autonomous region, or province where the case is accepted. The relevant amount standards shall be determined by the Higher People's Court and the People's Procuratorate of the municipality directly under the Central Government. Theft of drugs and other contraband shall be treated as the crime of theft and shall be punished according to the circumstances. Article 2 If public or private property is stolen under any of the following circumstances, the standard for "larger amount" may be determined based on 50% of the standard specified in the previous article: (1) Those who have been criminally punished for theft; (2) Within one year Those who have received administrative penalties for theft; (3) Organizing and controlling theft by minors; (4) Theft in the place where the incident occurred during emergencies such as natural disasters, accidents, social security incidents, etc.; (5) Theft with disability (6) Stealing the property of patients or their relatives and friends in the hospital; (7) Stealing funds and materials for disaster relief, emergency rescue, flood prevention, special care, poverty alleviation, immigration, and relief; (8) Serious consequences resulting from theft. Article 3 If a person commits theft three or more times within two years, it shall be deemed as “multiple thefts”. Anyone who illegally enters a residence that is used for family life and is relatively isolated from the outside world to steal shall be deemed as "housebreaking theft".

Article 10 Anyone who steals another person's motor vehicle shall be dealt with in accordance with the following provisions: (1) If a motor vehicle is stolen and the vehicle is lost, he shall be convicted and punished for the crime of theft; (2) For the purpose of stealing other property, a motor vehicle is stolen and used as a criminal tool and then illegally used If the vehicle is possessed, or the vehicle is abandoned and lost, the value of the stolen vehicle shall be included in the amount of theft; (3) In order to commit other crimes, a motor vehicle is stolen and used as a criminal tool and then illegally occupied, or the vehicle is abandoned and lost, the value of the stolen vehicle shall be included in the amount of theft. Theft and other crimes shall be punished concurrently; if the vehicle is returned without loss, the vehicle shall be severely punished according to the other crimes committed. Article 11 Anyone who steals public or private property and causes damage to the property shall be dealt with in accordance with the following provisions: (1) Anyone who uses destructive means to steal public or private property and causes damage to other property shall be severely punished for the crime of theft; if it constitutes the crime of theft and other crimes at the same time, Choose one of the felonies to be severely punished; (2) After committing the crime of theft, if, in order to cover up the crime or retaliate, the intentional destruction of other property constitutes a crime, the crime of theft and other constituted crimes shall be punished concurrently; (3) The theft does not constitute a crime , but if the damage to property constitutes other crimes, he will be convicted and punished as other crimes. Article 12 Anyone who commits attempted theft and falls under any of the following circumstances shall be investigated for criminal liability in accordance with the law: (1) A huge amount of property is the target of theft; (2) Precious cultural relics are the target of theft; (3) Other serious circumstances situation. There are both completed and attempted thefts, and if they reach different sentencing ranges, they will be punished in accordance with the heavier punishment provisions; if they reach the same sentencing range, they will be punished as completed theft. Article 13: If a unit organizes or instigates theft and complies with Article 264 of the Criminal Law and the relevant provisions of this Interpretation, the organizer, instigator, and direct perpetrator shall be held criminally responsible for the crime of theft. Article 14 If a person is sentenced to a fine in accordance with the law for committing the crime of theft, the fine shall be not less than 1,000 yuan but not more than twice the amount of theft; if there is no amount of theft or the amount of theft cannot be calculated, the fine shall be not less than 1,000 yuan but not more than 100,000 yuan. A fine is imposed. Article 15 After this interpretation is promulgated and implemented, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases" (Fa Interpretation [1998] No. 4) will be abolished at the same time; previously issued judicial interpretations and normative documents are inconsistent with this interpretation. In case of inconsistency, this interpretation shall prevail. Interpretations of the Supreme People's Court on Several Issues Concerning the Application of the "Decision of the Standing Committee of the National People's Congress on Punishing the Crime of False Issuance, Forgery and Illegally Selling Special Value-Added Tax Invoices" 7. Theft of special value-added tax invoices or their use to defraud export tax refunds and credits There are more than 25 other invoices with tax deductions, or more than 50 other invoices; there are more than 50 special value-added tax invoices or other invoices that can be used to defraud export tax refunds or tax deductions, or more than 100 other invoices. Punished in accordance with Article 151 of the Criminal Law. Stealing more than 250 special value-added tax invoices or other invoices that can be used to defraud export tax refunds or tax deductions, or more than 500 other invoices; defrauding special value-added tax invoices or other invoices that can be used to defraud export tax refunds or tax deductions If there are more than 500 other invoices, or more than 1,000 other invoices, the person shall be punished in accordance with the provisions of Article 152 of the Criminal Law. If the circumstances of stealing special value-added tax invoices or other invoices are particularly serious, they shall be punished in accordance with the provisions of Article 1, Item 1, of the "Decision of the Standing Committee of the National People's Congress on Severely Punishing Criminals Who Seriously Damage the Economy". After stealing or defrauding special value-added tax invoices or other invoices, and then committing crimes such as false issuance and selling as stipulated in the "Decision", the person shall be convicted and punished according to the felony therein, and shall not be punished for multiple crimes together.