On the newly-revised Civil Procedural Law
The newly-revised Civil Procedural Law was adopted by the Decision of the Thirtieth Session of the Standing Committee of the tenth People's Congress on Amending the Company Law of the Peoples Republic of China on October 28, 2007 and shall come into force upon April 4, 2008. Great revision on the re-trial system and the execution system has been made in the newly-revised Civil Procedural Law. For one thing, as far as re-trial system is concerned, with the purpose of resolving problems in the process of appealing, two aspects are emphasized particularly on in the newly-revised Civil Procedural Law:
1. to perfect the procedure of applying for re-trial to make it more public, reasonable ; and in contrast to the former, the importance of due process is all the more emphasized in the newly-revised Civil Procedural Law;
2. to perfect legal reasons for applying for re-trial, which are embodied in Clause 179 in the newly-revised Civil Procedural Law.
For another, on the respective of execution system, the following aspects are emphasized particularly on:
1. Some punishment measures are supplemented in case legal obligations are not fulfilled by the executee.
2. In case that the execute doesn’t fulfill legal obligations stipulated in legal writ and is likely to secrete and transfer his property, the executer shall be entitled to take mandatory measures.
3. In case that the execute doesn’t fulfill legal obligations stipulated in legal writ, he or she should report for his property information within the past year upon the date of receiving execution notice.
4.Civil verdicts and rulings with force adeffect and criminal verdicts and rulings concerning property shall be executed by the first instance court and the court of the same level where property locates that shall be executed.
5. The period for applying for execution shall be 2 years.
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