China Laws and Regulations Update in February 2023

1. Instructions on Several Issues Connected with Enforcement Supervision Application Cases

Promulgated by Supreme People’s Court

Promulgation date: 31 January 2023

Document number: FF[2023]4

The Instructions regulates and gives guidance for common issues connected with enforcement supervision application cases. It regulates the filing and processing of these cases and gives guidance and includes requirements for appropriate ways in which parties involved can apply for enforcement supervision to the enforcement court and the court at the next level, eliminates ambiguities in existing enforcement rules by explicitly stating that in cases that should be resolved by arbitration or suing for substantive issues, parties involved and interested persons should follow the procedures of seeking remedies for substantive issues and work to enforce law and protect legal rights of parties involved more efficiently by regulating multiple and repeated enforcement supervision applications. It also sets out the period of application for enforcement supervision, explicitly stating that if the applicant refuses to accept the enforcement reexamination decision or applies to the court for enforcement supervision after expiration of the period for filing an opposition to or a request for reexamining the enforcement, the applicant should do so within the prescribed period of time. (Source: SPC website)