CHINA Law and Practice Contributed by: Yaxing Zhang, Bing San, Yi Cao and Jiahui Zhu, Han Kun Law Offices
Civil Mediation Statement A civil mediation statement is a legally binding docu - ment issued by a court confirming a settlement agree - ment between parties, which shall have the same legal effect as a civil judgment. Payment Order A payment order is a court-issued order requiring a debtor to repay a monetary debt within a specified period. A creditor may apply to the court for a pay - ment order provided that the following requirements are met: (i) there are no other debt disputes between the creditor and debtor; and (ii) the payment order can be served upon the debtor. If the debtor fails to file a written objection within 15 days, the payment order shall become enforceable. Procedural Order Courts may issue various types of rulings during case adjudication (including first instance, second instance and retrial proceedings) and preservation/enforce - ment procedures to address procedural matters and certain substantive matters. Such orders can be sys - tematically categorised as follows: • rulings concerning litigation commencement and progression (eg, a ruling on non-recognition of case, a ruling on jurisdictional objection, a ruling to dismiss the lawsuit, a ruling to stay proceedings, etc); • rulings concerning adjudication outcomes (eg, a ruling by a court of second instance dismissing the appeal and affirming the original judgment, a ruling by a retrial court dismissing a retrial petition, a ruling by a retrial court to retry the case, a ruling by a retrial court to revoke the original judgment and remand the case to the original court for retrial, etc); • rulings on property preservation (eg, a ruling order - ing seizure, distraint, freezing, or other preservation measures against the opposing party’s property or the subject matter in dispute); • rulings on conduct preservation (eg, a ruling ordering a party to perform or refrain from per - forming specific acts including ceasing infringe - ment, removing obstruction and prohibiting certain conduct);
ment balances (eg, Alipay/WeChat Pay balances). The System has achieved effective coverage of debtors’ primary asset categories and relevant information, significantly enhancing enforcement efficiency. At the litigation or pre-litigation asset preservation stage, upon issuance of a preservation order, the plaintiff may submit a written request to the court to utilise the System to investigate the defendant’s assets and take preservation measures. The courts retain discretionary authority to approve or deny the System-based investigation. In practice, most courts do not authorise the use of the System to investigate the defendant’s assets during the litigation preser - vation stage. Instead, the courts require the plaintiff to provide specific asset leads to take preservation measures. Unlike the discretionary approach in litigation asset preservation, at the enforcement stage, the courts are required to proactively utilise the System to investi - gate the defendant’s assets and take preservation measures. According to the Civil Procedure Law of the People’s Republic of China, the main types of adjudicatory documents issued by courts include the following. Civil Judgment A civil judgment is a court’s final ruling on substantive issues of a civil case, which can be categorised into: • monetary payment judgments, which require the defendant to pay a specified sum of money (eg, repayment of loans, payment for goods); • non-monetary property delivery judgments, which require the defendant to transfer or return specific property; and • specific performance judgments, which compel or prohibit the defendant from engaging in specific conduct (eg, cessation of infringement, issuance of formal apologies). 2. Domestic Judgments 2.1 Types of Domestic Judgments
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