ARTICLE
26 February 2020

SPC Releases Guidance For Court Hearings, Judgment Enforcement Amid Epidemic

AC
AFD China

Contributor

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With respect to litigation processes, the guidance stresses that hearings that should be adjourned during the epidemic must be adjourned.
China Litigation, Mediation & Arbitration

According to the newly-issued guidance by the Supreme People's Court for court hearings and judgment enforcement amid the novel coronavirus outbreak:

With respect to the hearing of civil cases, the guidance upholds the concepts of equally protecting the legal rights and interests of all litigants under the law, calling on courts to proactively guide litigants in resolving their disputes through mediation.

As for the issue of judgment enforcement, the guidance demands enforcement measures against units or individuals undertaking the task of epidemic prevention and control as well as the sites, equipment, materials and funds being used for this purpose.

No property preservation measures like sealing off, freezing, detraining and transferring or compulsory enforcement measures should be taken against funds or materials explicitly dedicated to epidemic prevention and control, according to the guidance.

With respect to litigation processes, the guidance stresses that hearings that should be adjourned during the epidemic must be adjourned. Those meeting the conditions for suspension must be suspended, as must their enforcement.

Litigants' legal rights and interests in postponed matters must be fully protected in light of the actual situations, said the guidance. For urgent cases, the hearings must be held with precautionary measures in place or, if possible, by video.

http://english.ipraction.gov.cn/article/News/202002/20200200239655.shtml

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