2007Years10Month28Day, the ten meeting of the thirtieth NPC Standing Committee voted through the "Standing Committee of the National People's Congress on the revision<Civil Procedure Law of the people's Republic of China>Decision "(hereinafter referred to as the" decision "), self2008Years4Month1The date of promulgation. This is the "PRC Civil Procedure Law" (hereinafter referred to as the "Civil Procedure Law") implementation16First amendment years, mainly for the masses reflect the strong "the complaint difficult" and "enforcement difficulty" problem, to "Civil Procedure Law" in the trial supervision procedure and implement procedure to modify.

The revision of the "Civil Procedure Law" mainly to solve the problem of "difficulty of complaints" from the following three aspects:

One is to further the retrial subject specific. The revised "Civil Procedure Law" the retrial reason from the past5Increased to13Item plus a retrial, make matters concrete, enhance the operability, reduced the randomness, can effectively avoid the retrial retrial shall not, is conducive to the effective protection of the right of appeal.

Two is clear to a higher people's court for retrial, and the provisions of the retrial application, acceptance procedures and the jurisdiction of the court. Before the amendment of the "Civil Procedure Law" provisions of the application for retrial may appeal to the trial court or a people's court, the amendment clarifies that the application for retrial should be presented to the people's court at a higher level, can avoid frequent practice in the party long appeal, repeated complaints, impartiality and can guarantee the retrial.

At the same time, the revised "Civil Procedure Law" supplement, refinement of the retrial procedure, set the court to the other party to send the duplicate of the retrial petition, the other party to submit written opinions, the court ruled that the whether the retrial program period; for the Supreme People's court, the supreme court ruled that the retrial of the case, the provisions can be retried or other court retrial, also can make the court retrial.

Again, this change in view of the special circumstances appropriate to extend the party applying retrial period, in adhering to the original "parties to apply for a retrial, the judgment, ruling two years shall be legally effective forward" principle, if there are "after two years, according to legal instruments to make the original decision, ruling is revoked or changed, and the discovery of the judicial personnel bribery and corruption, in the trial of the case play favouritism and commit irregularities, perverting the law", allow the party knew or should know the retrial application within three months from the date of the.

Three is to improve the legal supervision of procuratorial organ in civil litigation. Mainly, the procuratorate may appeal case is put forward by the "Civil Procedure Law" article185The provisions of4Amendment to the uniform application of the article179Strip13The case plus a, at the same time the court received after the deadline (ruling retrial protest30Day).

The revision of the "Civil Procedure Law" mainly to solve the problem of "difficult to execute from the following four aspects:

One is to strengthen the implementation of measures, to the person subjected to execution, execution time in accordance with the law to fulfill the obligation of assistance. Is mainly reflected in the:

1Provisions of the "immediate action" system. According to the practice of execution property occult metastasis after receiving the notice of the phenomenon, this revision in Yuan Di220(Xian Di216A) added another, namely "the person subjected to execution fails to perform the obligations specified in the legal document, and may conceal, transfer of property, the execution officer may take enforcement measures".

2Increase the property reporting system. In view of the reality in some execution property but not delay the implementation issues, this revision has increased the217Regulation "is the person concerned refuses to carry out the obligations specified in the legal document, it shall report the receipt of notice of enforcement and one year before the property situation. A person to be enforced refuses to report or makes a false report, the people's court may according to the main person to the person or his legal representative, the relevant units responsible for the seriousness or directly responsible shall be given a penalty, detention."

3Improve the implementation of the deterrence mechanism. The provisions of this revision, the enforcee fails to perform the obligations specified in the legal document of the behavior, the court may adopt or notify relevant units to assist in taking exit restrictions, records on the credit system, announced through the media does not perform the obligation of information and other measures provided for by law.

4Increased for non performance, not to help the punishment execution adjudication act. To have the obligation to assist in the investigation, refusing to assist in execution units, increase the "compulsory measures custody". At the same time, the parties refused to carry out the effective judgment and assist people refuse to fulfill the obligations of fines, ten times the overall improvement to the original.

The two is to increase the execution objection and changes to the implementation of two system of court, improving the outsider the objection procedure. In order to regulate the execution behavior, protect the legitimate rights and interests of the parties, the amendment of the provisions of the parties, the interested party raises a written objection rights as well as the court processing, relief procedures; the court received the written application for enforcement date more than not executed six months cases, gives the person applying for enforcement to the superior the court for enforcement rights; and for the court to deal with the stranger dissent set a deadline, provisions of the relief way.

The three is the period extended the application for execution, and the implementation of the provisions, apply the litigation limitation suspension interrupt. The original "Civil Procedure Law" article219Provisions, application during execution, both or one of the parties are citizens of one year, both parties are legal persons or other organizations for six months. This amendment will apply during the unified extended for two years, and may suspend, interrupt.

The four is to improve the execution mechanism, strengthen the implementation of work. The original "Civil Procedure Law" article209Article3Paragraph, only the grass-roots court and the intermediate people's court to set up executive agencies. This revision will have the right to the establishment of executive agencies to expand the scope of the courts at all levels. In addition, the original "Civil Procedure Law" article207Article1Paragraph, effective civil judgment, order and criminal judgments, rulings of the property in part, enforced by the court of first instance. The modified by the court of first instance and the court of first instance or the execution of property to court.

In addition, because of "the enterprise bankruptcy law of the people's Republic of China has been in the"2007Years6Month1Date of implementation, the law applicable to all types of enterprises as legal persons, so the revised "Civil Procedure Law" deleted "bankrupt procedure" chapter.

"Decision" after the entry into force, in dealing with civil cases, should pay attention to the following two points:

One, to actively exercise their rights and put forward the objection, maximize the protection of the legitimate rights and interests of companies. For a reason and evidence that a wrong against the company's judgment or ruling, in weighing the benefits and costs of litigation, in accordance with the procedure for trial supervision of civil litigation actively exercise their rights, safeguard the legitimate rights and interests of the company. The company as a party concerned, interested parties or outsider carrying case, such as the reason and evidence that the execution behavior in violation of the provisions of laws or the execution of standard errors, but also to put forward objection.

Two, to timely perform the obligations specified in the effective judgment, avoid other losses or adverse effects. If the company as the person to be enforced or assist in the execution of people have no objection to the referee to determine the obligations, should be timely to fulfill their obligations according to law, avoid being stiff fines, detention or seizure, seizure by assets and the impact of business, have an adverse effect on the company.