| Timeline of the civil litigation process | |
| First instance | |
| Statute of Limitations | 1. Ordinary 2-year statute of limitations. Calculated from the date on which the right holder knew or should have known that the right had been infringed. (Article 135 of the General Principles of the Civil Law) 2. Special 1-year statute of limitations. Claims for compensation for bodily injury, failure to declare the sale of goods of substandard quality, delay or refusal to pay rent, loss or damage of stored property. (Article 136 of the General Principles of the Civil Law) 3. Special 3-year statute of limitations. A lawsuit is filed for compensation for environmental pollution damages. (Article 42 of the Environmental Protection Law) 4. Special 4-year statute of limitations. Litigation or arbitration is filed due to contracts for the international sale of goods and contracts for the import and export of technology. (Article 129 of the Contract Law) 5. Maximum statute of limitations. 20 years from the date of infringement of rights. (Article 137 of the General Principles of the Civil Law) Lawyer Reminder: Once the statute of limitations expires, as long as the other party files a claim with the court, the court will not support the claim even if the creditor's rights and debts actually exist. |
| Apply for property preservation | 1. Pre-litigation property preservation: The court shall make a ruling within 48 hours after accepting the application, and if the ruling is preservation, it shall be enforced immediately; The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application; If the applicant does not file a lawsuit or apply for arbitration in accordance with law within 30 days after the people's court takes the preservation measures, the people's court shall lift the preservation (Article 101 of the New Civil Litigation) 2. Property preservation in litigation: If the situation is urgent, the court shall make a ruling within 48 hours after accepting the application, and if the ruling is preserved, it shall be enforced immediately. The people's court may order the applicant to provide a guarantee when taking preservation measures, and if the applicant does not provide a guarantee, rule to reject the application. (Article 100 of the New Civil Complaint) 3. Relief procedures: Those who are dissatisfied with the property preservation or prior enforcement ruling may apply for reconsideration once, and the enforcement of the ruling will not be stopped during the reconsideration period. (Article 108 of the New Civil Complaint) Lawyer Reminder: 1. Although the law clearly stipulates the time for court litigation preservation, it is often impossible to carry out preservation in a timely manner due to the internal procedures of the court or the personal reasons of the presiding judge; 2. The applicant must provide the court with accurate property clues before the court will carry out property preservation. |
| Filing a case | Deadline: 1. The people's courts shall register and file lawsuits or private prosecutions that comply with the provisions of law. (Article 2 of the Judicial Interpretation on Case Filing and Registration.) 2. Where the people's courts are unable to determine on the spot whether a party's lawsuit or private prosecution complies with legal provisions, it shall make the following dispositions: (1) For civil or administrative lawsuits, a decision on whether to file a case shall be made within 7 days of receiving the complaint; (2) For private criminal prosecutions, a decision on whether to file a case shall be made within 15 days of receiving the private prosecution petition; (3) In the case of a lawsuit withdrawn by a third party, a decision on whether to file the case shall be made within 30 days from the date of receipt of the complaint; (4) In the case of an objection to enforcement, a decision on whether to file a lawsuit shall be made within 15 days from the date of receipt of the complaint. 3. Where the people's courts are unable to determine whether a lawsuit or private prosecution complies with legal provisions within the legally-prescribed period described above, they shall first file the case. Lawyer Reminder: 1. Due to the objective situation of a small number of cases in the courts, some courts that should register and file cases may not register and file cases; 2. At the end of the year, each court will conduct an evaluation and evaluation of the case completion rate, so most courts will not file a case for various reasons at the end of the year. |
| Delivered | Time and method of delivery: 1. Time of service: The court shall serve a copy of the complaint on the defendant within 5 days from the date of filing the case; (Article 125 of the New Civil Complaint) 2. Direct service: The service of litigation documents shall be directly delivered to the person to be served. If the recipient is a citizen, he is not in the same adult family member who lives with him to sign for receipt; Where the recipient is a legal person or other organization, the legal person's legally-designated representative, the principal responsible person for the other organization, or the person responsible for receiving the legal person or organization shall sign for receipt; Where the person to be served has an agent ad litem, it may be sent to their agent to sign for receipt; Where the recipient has already designated a person to be received on behalf of the people's court, it shall be sent to the recipient to sign for receipt. (Article 85 of the New Civil Complaint) 3. Service by retention in lien: Where the person to be served or his adult family members living with him refuse to accept litigation documents, the person serving them may invite representatives of the relevant basic-level organizations or units to be present, explain the situation, indicate the reason and date of refusal on the proof of service, and have the person serving or witnesses sign or affix a seal, leaving the litigation documents at the residence of the person to be served; It is also possible to leave the litigation documents at the residence of the person to be served, and use methods such as photographs or videos to record the process of service, which is deemed to have been served. (Article 86 of the New Civil Complaint) 4. Entrusted service or service by mail: Where it is difficult to directly serve litigation documents, other people's courts may be entrusted to serve them on their behalf, or service may be made by mail. If it is delivered by mail, the date of receipt indicated on the receipt shall be the date of delivery. (Article 88 of the New Civil Complaint) 5. Transfer for service: If the recipient is a soldier, it shall be transferred through the political organ of the unit at or above the regimental level to which he belongs. Where the person to be served is imprisoned, it is to be transferred through the prison where they are located. Where the recipient is subject to compulsory education measures, it is to be transferred through the compulsory educational institution to which they belong. (Articles 89 and 90 of the New Civil Complaint) 6. Service of announcements: Service of domestic announcements: applicable to those where the whereabouts of the recipient are unknown or cannot be served by other means. If 60 days have elapsed from the date of issuance of the announcement, it shall be deemed to have been served. (Article 84 of the New Civil Complaint); Service of foreign-related announcements: Applicable to those that cannot be served by other means. 3 months from the date of announcement. (Article 267 of the New Civil Complaint) 7. Other methods: With the consent of the person to be served, the people's court may use fax, e-mail, or other methods to confirm their receipt of the litigation documents, except for judgments, rulings, and mediation documents. (Article 87 of the New Civil Complaint) Lawyer Reminder: 1. The defendant often maliciously evades and does not receive the court's litigation documents for various reasons, resulting in the court only announcing the service of the litigation documents and delaying the time of the case; 2. In order to avoid disputes, some courts require the plaintiff to provide proof that the defendant's whereabouts are unknown when applying the service of public notice, but the court's practice is obviously illegal. |
| Defence period | 1. Time limit for responding to general cases: The defendant shall file a reply within 15 days from the date of receipt of the copy of the complaint, and the court shall send a copy of the reply to the plaintiff within 5 days from the date of receipt of the reply. (Article 125 of the New Civil Complaint) 2. Time limit for defense in foreign-related cases: The defense period is 30 days, and can be extended, subject to the approval of the court. (Article 268 of the New Civil Complaint) Lawyer Reminder: 1. The defendant often does not reply after receiving the plaintiff's complaint, so as to avoid the plaintiff being informed of its response to the lawsuit in advance, but the defendant's failure to submit the reply does not affect its other rights; 2. Where the defendant submits a reply, the court will generally not serve the reply on the plaintiff within the prescribed time limit, and the plaintiff shall take the initiative to go to the court to read the case file. |
| Jurisdictional Objections | After the people's court accepts the case, if the parties have objections to jurisdiction, they shall submit them during the period of submission of the reply. The people's courts shall review the objections raised by the parties. where the objection is sustained, a ruling is made to transfer the case to a people's court with jurisdiction; If the objection is not sustained, a ruling is made to reject it. If they are not satisfied with the ruling, they may appeal to the higher court, which shall conclude the trial within 30 days. Where a party does not raise an objection to jurisdiction and responds to the lawsuit, it is deemed that the people's court receiving the lawsuit has jurisdiction, except for violations of the provisions on hierarchical jurisdiction and exclusive jurisdiction. (Article 127 of the New Civil Complaint) Lawyer Reminder: Jurisdictional objections shall be raised within the statutory time limit, otherwise the court to which the suit is filed shall be deemed to have jurisdiction. |
| Time limit for the presentation of evidence | 1. The people's court shall determine the time limit for the parties to present evidence in the preparatory stage before trial. The time limit for presenting evidence may be negotiated by the parties and approved by the people's court. The people's courts determine the time limit for the presentation of evidence, and it must not be less than 15 days for first-instance ordinary procedure cases, and must not be less than 10 days for second-instance cases where parties provide new evidence. (Article 99 of the New Judicial Interpretation of Civil Procedure) 2. Where a party raises an objection to jurisdiction within the period of defense in the first instance, the people's court shall, after the ruling rejecting the party's objection to jurisdiction takes effect, re-designate a period of not less than 30 days for presenting evidence in accordance with the provisions of paragraph 3 of article 33 of the "Provisions on Evidence". However, after obtaining the consent of the parties, the people's court may designate a time limit of less than 30 days for the presentation of evidence. (Article 3 of the Notice of Time Limit for the Production of Evidence) |
| Application for an extension of time to present evidence | Where parties apply for an extension of the time limit for the presentation of evidence, they shall submit a written application to the people's court before the time limit for the presentation of evidence is completed. Where the reasons for the application are sustained, the people's court shall permit it, appropriately extend the time limit for presenting evidence, and notify the other parties. The extended time limit for the presentation of evidence applies to the other parties. Where the reasons for the application are not sustained, the people's court shall not approve it and notify the applicant. (Article 100 of the New Judicial Interpretation of Civil Procedure) |
| Consequences of late proof | Where parties fail to provide evidence within the time limit, the people's court shall order them to explain the reasons; Where they refuse to explain the reasons or the reasons are not sustained, the people's courts may not accept the evidence on the basis of different circumstances, or accept the evidence but give a reprimand or a fine. (Article 65 of the New Civil Complaint) |
| Apply for witnesses to appear in court | Where parties apply for witnesses to appear in court to testify, they shall do so before the time limit for presenting evidence is completed. (Article 100 of the New Judicial Interpretation of Civil Procedure) |
| Apply for investigation and evidence collection | Where parties and their agents ad litem are unable to collect evidence on their own for objective reasons, they may apply in writing to the people's court for investigation and collection before the time limit for presenting evidence is completed. (Article 94 of the New Judicial Interpretation of Civil Procedure) Where a party's application for investigation and collection of evidence is not related to the facts to be proven, is meaningless to prove the facts to be proven, or is otherwise not necessary for investigation and collection, the people's court will not approve it. (Article 95 of the New Judicial Interpretation of Civil Procedure) |
| Apply for accreditation | A party's application for an appraisal may be submitted before the completion of the time limit for presenting evidence. Where the matters applied for evaluation are not related to the facts to be proven, or are meaningless to prove the facts to be proven, the people's court will not approve it. (Article 121 of the New Judicial Interpretation of Civil Procedure) |
| The period for adding or changing a claim or filing a counterclaim | Where, after the case is accepted and before the courtroom debate is concluded, the plaintiff adds a claim, the defendant submits a counterclaim, or a third party submits a claim related to the case, and the trial may be combined, the people's court shall do so together. (Article 156 of the New Judicial Interpretation of Civil Procedure) Lawyer Reminder: The new judicial interpretation of civil procedure only stipulates that the plaintiff adds a claim, the defendant submits a counterclaim, and the third party submits a claim before the end of the court debate, but there is no new provision on the time for changing the claim In strict accordance with article 34 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings", submit an application for modification of the litigation claim before the expiration of the time limit for presenting evidence. |
| Notice of Hearing | People's courts hearing civil cases shall notify the parties and other litigation participants 3 days before trial begins. Where the trial is open, the names of the parties, the cause of the case, and the time and place of trial shall be announced. (Article 136 of the New Civil Complaint) |
| Hearings | 1. Before the trial begins, the clerk shall ascertain whether the parties and other litigation participants have appeared in court and announce court discipline. 2. When in-court proceedings are held, the chief judge is to check the parties, announce the cause of action, announce the list of adjudicators and clerks, inform the parties of their procedural rights and obligations, and ask the parties whether they have submitted an application for recusal. 3. The court investigation is to be conducted in the following order: (1) Statements of the parties; (2) Inform witnesses of their rights and obligations, testify against witnesses, and read out the testimony of witnesses who have not appeared in court; (3) Presentation of documentary evidence, physical evidence, audio-visual materials and electronic data; (4) Read out the appraisal opinion; (5) Read out the inquest record. 4. Courtroom arguments are to be conducted in the following order: (1) Statements by the plaintiff and his agent ad litem; (2) the defendant and his agent ad litem's defense; (3) The third party and their agent ad litem make a statement or defense; (4) Debate with each other. At the conclusion of the courtroom debate, the presiding judge is to solicit the final opinions of all parties in the order of the plaintiff, defendant, and third party. 5. Final Statement. 6. Make a judgment. (Articles 137-142 of the New Civil Complaint) |
| Time limit for first instance | 1. Cases tried by people's courts applying the ordinary procedures shall be concluded within 6 months of the date on which the case is filed. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court; and where an extension is still necessary, it is to be reported to the people's court at the level above for approval. (Article 149 of the New Civil Complaint) 2. People's courts applying the summary procedures to hear cases shall complete trial within 3 months of filing the case. (Article 161 of the New Civil Complaint) |
| Service of judgment | 1. Where the verdict is announced at court, the written judgment shall be sent within 10 days; Where the judgment is periodically announced, the written judgment is to be issued immediately after the judgment is announced. (Article 148 of the New Civil Complaint) 2. Where the first-instance judgment and the appealable ruling cannot be served on both parties at the same time, the appeal period is calculated from the day after they receive the judgment or ruling. (165 Civil Litigation Opinions) |
| Second instance | |
| During the appeal | 1. Where a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served. 2. Where a party is dissatisfied with the first-instance ruling of a local people's court, it has the right to appeal to the people's court at the level above within 10 days of the delivery of the ruling. (Article 164 of the New Civil Complaint) 3. In foreign-related cases, the time limit for appealing a judgment or ruling is 30 days, and an extension may be applied. (Article 269 of the New Civil Complaint) |
| Referral of cases | 1. The appeal petition shall be submitted through the original people's court, and copies shall be submitted according to the number of opposing parties or representatives; Where parties directly appeal to the second-instance trial court, the second-instance trial court shall transfer the appeal petition to the original people's court within 5 days. (Article 166 of the New Civil Complaint) 2. After the original trial court receives the appeal brief, it shall serve it on the opposing party within 5 days, and the other party shall submit a reply within 15 days of receiving the appeal brief, and the people's court shall serve a copy on the appellant within 5 days of receiving the reply brief. Where the opposing party does not submit a reply, it does not affect the people's court's trial. The original people's court shall send it to the second-instance trial court within 5 days, together with all case files and evidence, upon receipt of the appeal petition or reply. (Article 167 of the New Civil Complaint) |
| Time limit for second-instance trial | 1. People's courts hearing appeals against judgments shall complete trial within 3 months of filing the case in the second-instance trial. Where there are special circumstances that require an extension, it is to be approved by the president of that court. 2. People's courts hearing appeals against rulings shall make a final ruling within 30 days of filing the case in the second-instance trial. (Article 176 of the New Civil Complaint) |
| Retrial | |
| Time limit for applying for retrial | Parties applying for retrial shall generally submit it within 6 months after the judgment, ruling, or mediation document takes legal effect. (Article 205 of the New Civil Complaint) |
| Application to the Court of Retrial | Where parties find that a judgment or ruling that has already taken legal effect is in error, they may apply to the people's court at the level above for a retrial; In cases where one of the parties is large or both parties are citizens, an application may also be made to the original people's court for a retrial. Where parties apply for a retrial, enforcement of the judgment or ruling is not stopped. (Article 199 of the New Civil Complaint) |
| Service of paper | Where parties apply for retrial, they shall submit a written application for retrial and other materials. The people's court shall send a copy of the retrial application to the opposing party within 5 days of receiving the application for retrial. The opposing party shall submit written comments within 15 days of receiving a copy of the application for retrial; Where written opinions are not submitted, it does not impact the people's court's review. The people's court may require the applicant and the opposing party to supplement relevant materials and inquire about relevant matters. (Article 203 of the New Civil Complaint) |
| Review and retrial period | The people's court shall review it within 3 months of receiving the application for retrial, and where it meets the requirements of the Civil Procedure Law, rule for retrial; where the provisions of the Civil Procedure Law are not met, a ruling is made to reject the application. Where there are special circumstances that require an extension, it is to be approved by the president of that court. (Article 204 of the New Civil Complaint) |
| Time limit for retrial | Provisions on the Trial Time Limits for Retrial Cases to Implement the First or Second Trial Time Limits (Article 4 of the Several Provisions on Trial Time Limits) |
| Retrial Proceedings | 1. In cases retried by the people's courts in accordance with the trial supervision procedures, where the legally effective judgment or ruling was made by the first-instance trial court, the parties may appeal against the judgment or ruling made in accordance with the first-instance trial procedures; 2. A legally effective judgment or ruling was made by the court of second instance, and is tried in accordance with the second-instance trial procedures, and the judgment or ruling made is a judgment or ruling that has taken legal effect; 3. Where a higher level people's court arraigns for trial in accordance with the trial supervision procedures, it is to be tried in accordance with the second-instance trial procedures, and the judgment or ruling made is a legally effective judgment or ruling. (Article 207 of the New Civil Complaint) |
| Execution | |
| Application for enforcement period | 1. The period for applying for enforcement is two years. Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law. The period provided for in the preceding paragraph is calculated from the last day of the period for performance provided for in the legal document; Where legal documents provide for performance in installments, it is calculated from the last day of each performance period provided; Where the legal document does not provide for a period of performance, it is calculated from the date on which the legal document takes effect. (Article 239 of the New Civil Complaint) 2. Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it. (Article 226 of the New Civil Complaint) 3. Where the effective legal document stipulates that the debtor has an obligation to omission, the limitation period for applying for enforcement shall be calculated from the date on which the debtor violates the obligation of omission (Article 29 of the 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) |
| Enforcement Court | 1. The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court where the property being enforced is located. 2. Other legal documents that are to be enforced by the people's courts as provided by law shall be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located. (Article 224 of the New Civil Complaint) |
| Apply for a suspension of execution | If the right to request cannot be exercised due to force majeure or other obstacles within the last six months of the limitation period for applying for enforcement, the application for suspension of the statute of limitations. From the date on which the reasons for the suspension of the statute of limitations are eliminated, the period of limitation for the enforcement of the application shall continue to run. (Article 256 of the New Civil Litigation and Article 27 of the Judicial Interpretation on Enforcement Procedures) |
| Notify the person subject to enforcement | After the court accepts the enforcement case, it shall issue an enforcement notice to the person subject to enforcement within 3 days. (Article 24 of the Enforcement Work Regulations) |
| Enforcement of Jurisdictional Objections | It shall be submitted within 10 days from the date of receipt of the enforcement notice (Article 3 of the Enforcement Judicial Interpretation) |
| The period during which the secondary debtor objected to enforcement | If the debtor enforces the debtor's due claims against the third party, the third party shall raise an objection within 15 days after receiving the notice of performance, and the court will not examine the objection. (Article 61 of the Enforcement Work Regulations) |
| Objections to Enforcement Actions | 1. Where parties or interested parties believe that the enforcement act violates legal provisions, the people's court shall review and make a ruling within 15 days of receiving the written objection. (Article 5 of the Judicial Interpretation on Enforcement Procedures). 2. Where the parties or interested parties are dissatisfied with the ruling, they may apply to the people's court at the level above for reconsideration within 10 days from the date on which the ruling is served (the people's court at the level above shall complete the review and make a ruling within 30 days from the date of receipt of the application for reconsideration). Where there are special circumstances that require an extension, it may be extended with the approval of the president of that court, and the extension period must not exceed 30 days (Article 225 of the New Civil Litigation and Article 8 of the Enforcement Procedures) |
| Objection to the subject matter of enforcement | Where persons not involved in the case raise a written objection to the subject matter of enforcement, the people's court shall review it within 15 days of receiving the written objection. Where persons not involved in the case or parties are dissatisfied with the ruling and find that the original judgment or ruling was in error, it is to be handled in accordance with the trial supervision procedures; and where it is unrelated to the original judgment or ruling, a lawsuit may be filed in the people's court within 15 days of the date on which the ruling is served. (Article 227 of the New Civil Complaint) |
| Time limit for sealing, freezing, or seizure | The period for which a people's court freezes the bank deposits of a person subject to enforcement must not exceed one year, the period for sealing or seizing movable property must not exceed two years, and the period for sealing immovable property or freezing other property rights must not exceed three years. (Article 487 of the New Judicial Interpretation of Civil Procedure) |
| Vacate the house | Where the court enforces the mortgaged house of the person subject to enforcement, it shall give the person subject to enforcement a grace period of 6 months to vacate the house on its own initiative after ruling on auction, sale, or repayment of debts. (Article 2 of the Provisions of the Supreme People's Court on the Enforcement of Mortgaged Houses by the People's Courts) |
| Duration of the assessment report | The court shall send the assessment report to the parties and other interested parties within 5 days after the assessment agency makes the assessment report, and if there is any objection to the report, it may submit it to the court within 10 days after receiving it. (Article 6 of the Regulations on Auction and Sale) |
| Announcement of the auction | Where movable property is auctioned, it shall be announced seven days before the auction; Where immovable property or other property rights are auctioned, an announcement shall be made 15 days before the auction. (Article 11 of the Regulations on Auction and Sale) |
| Notification of the auction | The court shall, five days before the auction, notify the parties and the known security interest holders, preemptive rights holders or other priority holders to appear on the auction date in writing or in other appropriate ways that can confirm receipt. (Article 14 of the Provisions on the Auction and Sale of Property) |
| Resumption of auctions | Where it is necessary to continue the auction after the expiration of the period for suspension of enforcement or the reasons for suspension of enforcement disappear, the auction institution shall be notified to resume the auction within 15 days. (Article 21 of the Provisions on Auction and Sale of Property) |
| Auction ruling | If the auction is concluded or the unsold property is used to settle debts, the court shall make a ruling and deliver it to the buyer or receiver within 10 days after the full payment of the price or the difference in the price that needs to be paid. (Article 23 of the Provisions on Auction and Sale of Property) |
| Handover of the auction lot | After a people's court decides that the auction is closed or the unsold property is used to settle debts, it shall, within 15 days after the ruling is served, hand over the auctioned property to the buyer or receiver, except in circumstances where it cannot be handed over in accordance with law. Where the person subject to enforcement or a third party takes possession of the auctioned property and should hand it over but refuses to do so, it is to be compulsorily enforced. (Article 30 of the Provisions on Auction and Sale of Property) |
| Deadline for the second auction | If there is no bidder at the time of the auction or the bidder's highest bid is lower than the reserve price, the auction shall be held again within 60 days. (Article 26 of the Provisions on Auction and Sale of Property) |
| Three auctions | The third auction shall be held within 60 days for the immovable property and other property rights of the second sale, and if the third auction fails, the court shall issue a notice of sale within 7 days from the date of the conclusion of the third auction. If no buyer is willing to buy the property at the reserve price of the third auction within 60 days from the date of the announcement, and the applicant for enforcement or other enforcement creditors still do not express their acceptance of the property for debt payment, the sealing or freezing shall be lifted and the property shall be returned to the person subject to enforcement, except where other enforcement measures may be taken against the property. Movable property cannot be auctioned for the third time. (Articles 27 and 28 of the Provisions on Auction and Sale of Property) |
| Duration of enforcement | The people's court shall designate the undertaker within 7 days of filing the case; Cases in which the person subject to enforcement has property available for enforcement shall generally be concluded within 6 months from the date on which the case is filed; Non-litigation enforcement cases shall generally be concluded within 3 months from the date on which the case is filed. Where there are special circumstances that require an extension of the enforcement period, it shall be reported to the president or vice president of that court for approval. Where an application for an extension of the enforcement period is made, it shall be submitted within 5 days before the completion of the period. (Articles 1 and 2 of the Provisions of the Supreme People's Court on Several Time Limits for the People's Courts to Handle Enforcement Cases) |
| Overdue relief | Where the people's court has not enforced the application for enforcement for more than 6 months from the date of receipt of the application for enforcement, it may apply to the higher court for enforcement. (Article 226 of the New Civil Lawsuit) (1) When the creditor applies for enforcement, the person subject to enforcement has property available for enforcement, and the enforcement court has not completed the enforcement of the property for more than six months from the date of receipt of the application for enforcement; (2) In the course of enforcement, it is discovered that the property of the person subject to enforcement can be used for enforcement, and the enforcing court has not completed the enforcement of the property for more than six months from the date of discovery of the property; (3) For the enforcement of the conduct obligations set forth in the legal documents, the enforcing court has not taken corresponding enforcement measures in accordance with law for more than six months from the date of receipt of the application for enforcement; (4) Other conditions for enforcement that have not been carried out for more than 6 months. (Article 11 of the 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) |
| Go ahead | If the person subject to enforcement is still unable to repay the debt, it shall continue to perform its obligations. If the creditor discovers that the person subject to enforcement has other property, it may request the people's court for enforcement at any time. (Articles 242, 243 and 254 of the New Civil Procedure) |