民事诉讼法条英文版(18)

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litigation participants, witnesses, interpreters, experts witnesses, inspectors, or personnel assisting in enforcement; or

(5)Using violence, threats, or other means to hinder adjudicating personnel from performing their duties; or

(6)Refusing to comply with legally effective judgments or orders rendered by a people’s court.

Where a unit commits any of the following acts stipulated in the preceding paragraph, the people’s courts may impose a fine or detention on the principal leading personnel of the unit or the person directly responsible; if a crime is committed, the people’s court shall investigate them for criminal liabilities according to law.

Article 103 If a unit that has an obligation to assist in judicial investigation or enforcement commits any of the following acts, the people’s court may order the unit to perform its obligation but also impose a fine on the unit:

(1)Refusing or obstructing a people’s court from investigation or collecting evidence;

(2)Where the unit is a bank, credit union, or other institution engaging in saving deposit business, refusing to assist in inquiring, freezing, or transferring funds after receiving a notification from the people’s court for enforcement assistance;

(3)After receiving a notification on assistance in enforcement from the people’s court, refusing to assist in withholding the income of a defending party whom is ordered to pay or handling the transfer of property titles, relevant negotiable instruments, certificates and licenses, or other properties; or

(4)Refusing to provide other assistance in enforcement order by court.

With respect to a unit that commits any of the acts specified in the preceding paragraph, the people’s court may impose a fine on the principal leading personnel of the unit or the person directly responsible; and may detain them if they still fail to perform the obligation to provide assistance; and may also make judicial suggestions to the supervisory organ or other relevant organs on imposing a disciplinary sanction on the unit.

Article 104 A fine on an individual shall be not more than Renminbi 10, 000 Yuan. A fine on a unit shall be not less than Renminbi 10,000 Yuan and not more than Renminbi 300,000 Yuan.

A detention period shall not be longer than fifteen days.

The people’s court shall deliver detainees to a public security organ for custody. The people’s court may decide to grant the detainee an early release if he admits and is willing to correct his wrongdoing.

Article 105 Any summons by force, fines, or detentions shall be approved by the president of a people’s court.

A warrant shall be issued before carrying out a summon by force.

The rulings of fines and detentions shall be issued in written letter form. If a party does not agree with a decision, he may apply to a people’s court at a higher level for reconsideration and the reconsideration can be granted only once. However, the enforcement of the decision shall not be suspended during the time of reconsideration.

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