Case Concerning Case Filing Supervision of Refusing to Comply with Judgments or Rulings of Guo X Jia and Lin X Jia
(SPP Guiding Case No. 214)
Key words
Supervision of case filing; Integrated procuratorial work; Investigation and verification; Clues transfer; Addressing "difficulties in enforcement"
Summary
For persons subject to enforcement who refuse to comply with judgments or rulings, where the circumstances are serious, the people's procuratorates shall fully perform their duty of legal supervision, strengthening the transfer of clues, the supervision of case filing, and the approval of arrest and initiation of prosecution, so as to promptly pursue the individual's criminal liability in accordance with the law. In supervising civil enforcement activities, the people's procuratorates shall pay attention to identifying and transferring clues related to the crime of refusing to comply with judgments or rulings. In cases where the refusal to comply with judgments and rulings involves the transfer of property, the people's procuratorates shall conduct investigation and verification by means of interviews, inquiries, inspections, entrusted appraisals, and the collection of evidential materials, to ascertain whether the person subject to enforcement has concealed or transferred property, thereby ensuring high-quality and efficient supervision of case filing. The people's procuratorates shall promote social governance in addressing "difficulties in enforcement" through the integrated use of procuratorial recommendations, correction of illegal conduct, and the transfer of related clues.
Relevant provisions
Article 313 of the Criminal Law of the People's Republic of China
Article 113 of the Criminal Procedure Law of the People's Republic of China (Rev. 2018)
Articles 210 and 235 of the (now Articles 221 and 246 in the Rev. 2023) Civil Procedure Law of the People's Republic of China (Rev. 2017)
Articles 553, 555, and 558 (now Articles 557, 559, and 561 in the Rev. 2019 of the Rules of Criminal Procedure of the People's Procuratorate (for Trial Implementation) (Issued as Judicial Interpretation No. 2 [2012], effective as of January 1, 2013)
Articles 65, 66, and 102 (now Rules on the Supervision of Civil Proceedings by People's procuratorates, Articles 62, 63, and 104, effective as of August 1, 2021) of the Rules on the Supervision of Civil Proceedings by People's Procuratorates (for Trial Implementation) (Issued as Judicial Interpretation No. 3 [2013], effective as of November 18, 2013)
Articles 4, 5, 7, 8, and 9 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Relevant Issues on the Supervision of Filing of Criminal Cases (for Trial Implementation) (No. 5 [2010] of the Supreme People's Procuratorate, effective as of October 1, 2010)
Articles 9 and 11 of the Provisions on the Procuratorial Recommendations Work of People's Procuratorates (Issued as Judicial Interpretation No. 1 [2019], effective as of February 26, 2019)
