Enforced Property to Be Returned if Enforcement Is Erroneous

Enforced Property to Be Returned if Enforcement Is Erroneous
 
During or after an enforcement action, the possessor or an interested party of the property enforced may file a challenge to the enforcement action to the enforcement court.
 
The enforcement court, upon receipt of such a challenge, shall compose a collegial panel to review the challenge and the case, and make an order based on the results of the review.
 
If the collegial panel holds, based on the results of the review, that the enforcement action is free from any flaw and there is no violation in the case, it shall advise the enforcement court to make an order to dismiss the challenge. And the enforcement court shall make such an order within the specified period of time as advised by the collegial panel.
 
If the collegial panel holds, based on the results of the review, that there is a violation in the enforcement action or the case, it shall advise the enforcement court to make an order to suspend or reverse the enforcement. And the enforcement court shall make such an order within the specified period of time as advised by the collegial panel, and shall also make an order for the party that has obtained the enforced property to return such property to its original owner if such party is not entitled to such property.

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

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