According to sources with the Beijing High People's Court, 10
percent of the total judgments made by courts in Beijing in the
last three years were not enforced.
No figures are available for the nationwide situation, but the
Supreme People's Court has decided to start a half-year campaign to
enforce judicial decisions that have not been carried out, a
national televised conference revealed yesterday.
In a typical case, Liu Xuehong, a resident in Nanchang, east
China's Jiangxi Province, paid 80,000 yuan (US$9,924) to a local
real estate company in 1993 to buy a house. However, Liu found two
years later that the company had sold the house to someone else as
well.
The Nanchang Intermediate People's Court made a final judgment
in 1998, ruling that the company repay Liu the 80,000 yuan
(US$9,924) plus legal costs amounting to 90,000 yuan
(US$11,164).
"However, the judgment has not been enforced up to now," Liu
said.
Moreover, many judgments are not enforced due to regional and
departmental interests, which has become a headache for the
judicial system.
"When faced with regional and departmental protectionism, courts
should report to supervision departments for support," Cao
Jianming, executive vice president of the Supreme People's Court
told yesterday's conference.
According to Chinese law, commissions for discipline inspection
of the Communist Party of China (
CPC) and government supervision departments are responsible for
investigating and punishing Party and government officials involved
in corruption and malfeasance, or who disobey Party and government
rules.
The cases will then be transferred to judicial organs if they
are suspected to be in violation of the law.
According to the Criminal Law, refusal to meet obligations or
orders from the courts is a crime, which is punishable by a fine or
imprisonment.
According to the Supreme People's Court, a working plan will be
fixed by next month.
An examination will be conducted in June and July into the
success of the campaign.
(China Daily January 24, 2006)