The Opinions clarify the specific responsibilities of the judiciary, police, and procuratorates in tackling these offenses of refusing to enforce judgments or rulings. Courts that identify suspected cases of non-compliance must transfer the relevant evidence to public security organs for investigation. Police are required to decide whether to formally open a case within seven days, a deadline that can be extended to 30 days for major or complex matters. Meanwhile, procuratorates are tasked with supervising the filing process and initiating public prosecutions. The guidelines also empower applicants (judgment creditors) to file private criminal lawsuits if they can provide evidence that a judgment debtor is intentionally defying a court order.
The Opinions builds upon a Judicial Interpretation that came into effect on 1 Dec. 2024, which sought to address China’s long-standing problem of “difficult enforcement” by refining the legal criteria.
Related Post:
Statistics show that in 2023, courts nationwide concluded 9.76 million enforcement cases, with 4,246 offenders convicted of refusal-to-comply crimes. From January to October 2024, the number of offenders rose to 5,289, revealing China’s determination to intensify the crackdown.
Photo by Joshua Fernandez on Unsplash
Contributors: CJO Staff Contributors Team
