top of page
  • Allen

What can I do if I win a case but cannot enforce the judgement in China?

Sometimes, winning a judgment may mean nothing to the plaintiff since enforcement has been a serious problem under China’s legal system in past decades. Those people subject to enforcement may conceal or transfer their asserts before People’s Court start the enforcement process. To address this problem and to build the social credit system, Chinese government and People’s Court enacted several provisions to regulate those people subject to enforcement who have bad conduct in enforcement process.

A person may be listed as dishonest judgment debtor under 6 circumstances

1. Having the capability to fulfill the obligations determined in the effective legal instrument but refusing to do so;

2. Obstructing or resisting the court enforcement by forged evidence, violence, threat or any other method;

3. Evading enforcement by fraudulentlitigation or false arbitration, concealment or transfer of property;

4. Violating the property reporting system;

5. Violating the Order on Restriction of High Consumption; and

6. Refusing to implement the enforcement reconciliationagreement during the enforcement procedure without justifiable reasons.