Central Circular Orders Party-Led Campaign on Enforcing Judicial Decisions

October 4, 2006

The Political and Legislative Affairs Committee of the Communist Party Central Committee issued a "Circular on Solving the Enforcement Problem of Chinese Courts" on January 23, according to an article published on the China Court Web site on the same date. The article's commentary on the circular indicates that a campaign on enforcement of judicial decisions led by the Party is now under way, as a result of official concern about mounting social unrest.

The Political and Legislative Affairs Committee of the Communist Party Central Committee issued a "Circular on Solving the Enforcement Problem of Chinese Courts" on January 23, according to an article published on the China Court Web site on the same date. The article's commentary on the circular indicates that a campaign on enforcement of judicial decisions led by the Party is now under way, as a result of official concern about mounting social unrest.

The circular directs Chinese courts to improve efforts to enforce court decisions "under the leadership of local Party committees," and for Party officials to step up propaganda efforts directed at such efforts. Chinese plaintiffs and defendants often have difficulties enforcing court decisions when they win a favorable judgment, and the SPC has identified the problem as a top reform priority in the 2004-2008 Five Year Program for Court Reform. The circular also directs local Party committees responsible for the comprehensive management of public security to coordinate efforts at enforcing court judgments and to include the quality of enforcement work in the responsibility systems used to evaluate the performance of local officials.

Supreme People's Court (SPC) Vice President Cao Jianming said that court efforts will focus on five types of cases: 1) court judgments that have not been executed for over a year; 2) cases influenced by local protectionism; 3) cases in which groups of plaintiffs have collectively applied for the execution of a court decree; 4) judgements awarding back wages in the construction industry; and 5) cases in which a court has improperly stayed an enforcement order, according to a January 24 Beijing News article. Vice President Cao called on courts to cooperate with public security and procuratorate officials to "strike hard" against efforts to resist court enforcement orders through violence, according to the Beijing News article.

The content of the circular suggests that it reflects Party concerns about mounting social unrest. The national Political and Legislative Affairs Committee and the Committee for Comprehensive Management of Public Security (CCMPS) also prepared a December 2005 Party and State Council joint opinion to stem social unrest and to reduce the number of "mass incidents" such as riots, demonstrations, or collective petitions directed at government authorities. The Political and Legislative Affairs Committee circular directive to coordinate with the local CCMPS branches suggests that this enforcement campaign may be a specific effort to implement the earlier joint opinion.