What is suspension of enforcement? According to Article 263 of China’s Civil Procedure Law, under certain statutory circumstances, the court’s enforcement division may temporarily suspend enforcement actions against the judgment debtor. In practice, one of the most common grounds for suspension is when the applicant voluntarily requests the court’s enforcement division to temporarily halt enforcement. This typically occurs when the applicant believes that, for the time being, the judgment debtor lacks the capacity to fulfill their legally binding obligations. In such cases, the applicant files an application with the court requesting a temporary suspension of enforcement. Once the judgment debtor regains the ability to fulfill those obligations, the applicant may then file another application to resume enforcement proceedings.
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Qiang Lyu
Attorney-at-law (PRC) ｜ Cross-Border Dispute Resolution
Qiang Lyu focuses on cross-border commercial dispute resolution, China supply chain disputes, international trade litigation, and foreign-related debt recovery matters. He has represented and assisted clients from the United States, Japan, South Korea, and Europe in disputes involving Chinese manufacturers, suppliers, and international business transactions.
His practice also includes China company law, intellectual property matters, and commercial contract disputes involving foreign-invested businesses and cross-border commercial activities.
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