Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security

Opinions on Several Issues Regarding the Handling of Criminal Cases Involving Refusal to Enforce Judgments and Rulings

To legally punish crimes involving the refusal to comply with court judgments and rulings, ensure the lawful enforcement of decisions made by people's courts, and effectively safeguard the legitimate rights and interests of parties involved, these Opinions have been formulated based on the provisions of the Criminal Law of the People's Republic of China, the Criminal Procedure Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, the Administrative Litigation Law of the People's Republic of China, as well as relevant legislative and judicial interpretations, all tailored to practical work conditions.

1. People's Courts, People's Procuratorates, and public security organs handling criminal cases involving refusal to comply with judgments and rulings shall each fulfill their respective responsibilities, cooperate closely with one another, exercise mutual checks and balances, and punish the crime of refusing to enforce judgments and rulings in accordance with the law.

II. Criminal cases involving the refusal to enforce judgments or rulings are generally under the jurisdiction of the public security organs, the People's Procuratorate, and the People's Court located in the area where the enforcement court is situated.

III. During the handling of a case, if the People's Court discovers that a person with enforcement obligations is suspected of committing the crime of refusing to comply with judgments or rulings, it shall prepare a Case Transfer Letter along with an Explanation of Enforcement Activities, and simultaneously forward all relevant evidence materials already in its possession that substantiate the alleged criminal conduct to the competent public security authority for investigation and case initiation.

IV. When the People's Court transfers a case to the public security authorities, it shall include the following supporting evidence materials:

(1) Evidence materials proving the suspect's identity;

(II) Evidence materials proving that the suspect has a duty to perform or assist in enforcement;

(III) Evidence demonstrating the suspect's ability to fulfill all or part of the obligations stipulated in the judgment or ruling;

(4) Evidence materials proving that the suspect has refused to comply with the judgment or ruling;

(5) Evidence materials proving the suspect's refusal to comply with the judgment or ruling, as well as any related circumstances or consequences resulting from such refusal.

5. The public security authorities shall accept criminal case materials transferred by the people's courts involving suspected crimes of refusing to comply with judgments and rulings, prepare a case registration form, and issue an acknowledgment receipt.

If the public security authorities determine, after review, that the case meets the conditions for initiating an investigation, they must file and begin investigating within seven days. In cases that are significant, complex, or particularly challenging, the review period may be extended up to 30 days. If, upon review, the case is found not to meet the criteria for filing, the authorities must issue a decision of non-filing within the review period and deliver the Notice of Non-Filing to the people’s court that originally transferred the case.

6. After a public security organ initiates a case, it should promptly launch investigative activities and, in accordance with the law, apply coercive measures to the criminal suspect.

Public security authorities should promptly take legal measures—such as seizure, impoundment, and freezing—to deal with property involved in the case that has been concealed or transferred by criminal suspects.

7. If public security authorities decide not to initiate a case or withdraw a case after initiation, they shall notify the executing court in writing within seven days, providing a detailed explanation of the reasons. If the executing court believes that the public security authorities should have initiated an investigation but failed to do so, it may request oversight from the People's Procuratorate.

8. If the People's Procuratorate, after review, determines that the public security organ should initiate an investigation but has failed to do so, it shall request the public security organ to provide a written explanation for the decision not to proceed. The public security organ must, within seven days of receiving the notice, submit a detailed written response to the People's Procuratorate, outlining the circumstances, legal basis, and reasons for not initiating the case, along with any relevant supporting evidence.

After reviewing the case, if the People's Procuratorate finds that the public security organ's reason for refusing to initiate an investigation is invalid, it shall, upon decision of the Chief Prosecutor, notify the public security organ to open an investigation. The public security organ must initiate the case within fifteen days of receiving the notice.

When reviewing and handling enforcement supervision cases, if the People's Procuratorate discovers that a person with enforcement obligations is suspected of the crime of refusing to comply with judgments or rulings, it shall forward the relevant case materials specified in Article 4 of these Opinions to the competent public security organ. Upon receiving the criminal case materials, the public security organ must prepare a case registration form and issue an acknowledgment receipt. If, after review, the public security organ determines that the case meets the criteria for initiating an investigation, it shall formally open an investigation.

9. The People's Procuratorate shall review, within the statutory time limit, and decide whether to approve an arrest request submitted by public security organs; and shall promptly examine cases referred by public security organs for prosecution. If the case meets the conditions for prosecution, the procuratorate shall initiate public prosecution in accordance with the law.

10. People's courts shall, in accordance with the law, hear and render judgments on cases involving suspected crimes of refusing to enforce court decisions or rulings.

11. If the applicant for enforcement provides evidence demonstrating that all of the following conditions are met, and the people's court determines that these circumstances satisfy the requirements of Article 210, Paragraph 3, of the Criminal Procedure Law, the case shall be filed and tried as a private prosecution:

(1) If a person with an enforcement obligation refuses to comply with court judgments or rulings, thereby infringing upon the applicant's personal and property rights, criminal responsibility should be pursued in accordance with the law.

(II) The applicant for enforcement has previously filed a complaint, but the public security authorities refused to accept the complaint materials; failed to provide a written response within 30 days after receiving the materials; decided not to initiate a case; or, alternatively, the People's Procuratorate declined to prosecute the person legally obligated to enforce the decision for criminal liability.

12. If the People's Court transfers case materials related to the crime of refusing to comply with judgments or rulings to the public security authorities, and the public security authorities decide not to initiate a case—or fail to provide a written response within 30 days of receiving the case materials—or if the People's Procuratorate decides not to prosecute criminally the person obligated to enforce the judgment, the People's Court shall inform the applicant that they may file a private criminal prosecution in a people's court with jurisdiction, as permitted by law.

The People's Procuratorate has transferred case materials related to the crime of refusing to enforce judgments and rulings to the public security authorities, which have decided not to initiate an investigation. If the People's Procuratorate agrees that the public security authorities' reasons for declining to file a case are valid, it should inform the applicant that they may, in accordance with the law, file a private criminal prosecution directly with the people's court having jurisdiction.

Thirteen, when the applicant for enforcement files a private criminal prosecution with the people's court against the person obligated to comply, alleging that they are suspected of refusing to execute a judgment or ruling, the following materials must be submitted:

(1) Criminal Private Complaint;

(II) Proof of the plaintiff's identity: If the plaintiff is represented by a legal guardian or close relative who files the complaint on their behalf, supporting documents proving the relationship with the plaintiff must be provided, along with evidence demonstrating that the plaintiff was unable to file the complaint personally.

(III) Supporting documents such as the effective legal instrument serving as the basis for enforcement, and the notice of acceptance for the enforcement case;

(4) Evidence demonstrating that the suspect had a duty to perform or assist in enforcement, was capable of fulfilling the obligation but refused to do so;

(5) Supporting documents proving that the public security organ has refused to accept the complaint or failed to provide a written response within 30 days, or the "Notice of Non-Acceptance of Case" issued by the public security organ, or the "Decision Not to Prosecute" issued by the People's Procuratorate;

(6) Other materials that the People's Court deems necessary to provide.

14. After reviewing the materials submitted by the applicant, the filing department of the People's Court shall promptly register cases that meet the criteria for self-initiated lawsuits.

People's courts shall promptly take measures to seize, impound, or freeze the property involved in the case that the suspect has attempted to conceal or transfer through various means.

15. During the filing or trial of a private prosecution case, if the plaintiff requests to copy evidence already collected and preserved by the executing court—evidence that proves their personal and property rights have been violated—the executing court shall promptly provide it.

16. If the whereabouts of the defendant are unknown, the people's court may request assistance from public security authorities in locating them, and the public security authorities shall provide assistance in accordance with the law.

17. Before the judgment is announced, the private prosecutor may either reach a settlement with the defendant on their own or withdraw the private prosecution.

18. During the enforcement process, if the People's Court discovers that staff members of state organs are suspected of abusing their official authority to obstruct enforcement, they shall promptly forward clues regarding disciplinary or legal violations to the relevant discipline inspection and supervision authorities or the People's Procuratorate for lawful handling.

19. People's Courts, People's Procuratorates, and public security organs should establish a joint conference mechanism, designate dedicated personnel, enhance communication and exchange, strengthen supervision and checks-and-balances, and ensure the effective implementation of these guidelines.

20. These guidelines will take effect on July 1, 2025.

Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security

June 10, 2025