​Mandatory measures of litigation in China

Mandatory measures of litigation in China
 
The People's Court may adopt the mandatory measures described in the paragraph above to avoid impeding civil litigation. A defendant who has been twice called to court without good cause and fails to show up may be arrested. Participants in a trial should adhere to the regulations of the court. Depending on the seriousness of the infringement, anybody who disobeys the court's rules may be given a warning, asked to leave the courtroom, fined, or put in jail.
 
Criminal charges may be brought against anyone who disrupts court proceedings by causing a commotion, abusing or threatening trial participants, or physically harming others. Lesser violations may result in fines or detention. Depending on the gravity of the offense, those who falsify or destroy important evidence, use force or bribe witnesses to keep them from testifying, hide or transfer seized property, or disobey an effective decision or rule may be punished or imprisoned.
 
 
If a unit breaches the terms of the previous sentence, the People's Court may levy penalties or place directly accountable people in jail. The court should deny the plaintiffs' claims and, depending on the seriousness of the conduct, impose penalties or imprisonment when litigants knowingly conspire to impair the legal rights of others via litigation, mediation, or other methods. Depending on the seriousness of the offense, the People's Court may also impose penalties or incarceration when an executed person conspires with others via litigation, arbitration, mediation, or other ways to dodge the legal responsibilities outlined in legal papers.
 
Units under obligation to assist in investigation or execution may be fined if they refuse or obstruct the People's Court's investigation, hinder the seizure, freezing, transfer, or price adjustment of the property after receiving the People's Court's notice of cooperation, or refuse to detain the executed person's income or handle the transfer procedures for relevant property rights certificates or other property. A unit's principal supervisor or other directly accountable employees who breach the terms of the previous sentence may be fined by the People's Court. If they continue to refuse to help, they may be held, and the court request for disciplinary action may be sent to the supervision or appropriate authorities.
 
Individual penalties may be as high as CNY 100,000, while the maximum range for units is CNY 50,000 to CNY 1 million. At most, 15 days may be held in custody. The People's Court has custody of those who are being held. The People's Court may decide to release imprisoned persons early if they confess and make amends while still in custody.
 
The People's Court must determine whether to take measures against the obstruction of civil litigation. Anybody who forcibly imprisons individuals or unlawfully seizes property to collect a debt shall face criminal charges, incarceration, or penalties.

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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