Supreme People's Court and China Banking Regulatory Commission, Opinions on People's Courts and Banking Financial Institutions Carrying Out Online Enforcement and Surveillance and Joint Credit Disciplinary Work

最高人民法院、中国银行业监督管理委员会关于人民法院与银行业金融机构开展网路执行查控和联合信用惩戒工作的意见

November 10, 2014 | BY

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Court order to freeze bank assets will be carried out more efficiently via networks.

Clp Reference: 3600/14.10.24 Promulgated: 2014-10-24

Issued: October 24 2014


Main contents: The China Banking Regulatory Commission encourages and supports people's courts and banking financial institutions in gradually carrying out enforcement measures such as inquiry, freezing and deduction via networks provided that the legal procedures have been duly carried out and that the security of funds is ensured (Article 4).

Banking financial institutions and people's courts shall share lists of persons subjected to enforcement that are in breach of faith and other enforcement case information through means such as online transmission. Banking financial institutions shall take measures such as restricting loans or restricting the issuance of credit cards to persons subjected to enforcement who are in breach of faith in financial service areas such as financing or credit in accordance with laws and regulations (Article 8).

Where a banking financial institution assists a people's court in accordance with the law in carrying out online enforcement and surveillance measures and the concerned party or a materially interested person objects, the banking financial institution shall inform such party or person to bring the same before the enforcing court in accordance with Article 225 of the Civil Procedure Law, unless the banking financial institution has not carried out the measures in accordance with the notice of assistance in enforcement (Article 10).


Related legislation: PRC Civil Procedure Law (2nd Revision), Sep 19 2012

clp reference:3600/14.10.24 issued:2014-10-24

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