中华人民共和国民事诉讼法（三）

to be repaid.

　　Article 200 After making an order to declare the initiation of the bankruptcy and debt repayment proceedings， the people's court shall notify the debtor and the known creditors within ten days and also make a public announcement.

　　Creditors who have been notified shall， within 30 days after receiving the notice， and those who have not been notified shall， within three months after the date of the announcement， lodge their claims with the people's court. Creditors who fail to lodge their claims during the respective periods shall be deemed to have abandoned their rights. Creditors may organize a creditors' meeting to discuss and approve of a formula for the disposition and distribution of bankrupt property， or for a composition agreement.

　　Article 201 The people's court may appoint a liquidation commission formed by relevant state organs and persons concerned. The liquidation commission shall take charge of the custody of the bankrupt property， its liquidation， assessment， disposition and distribution. The liquidation commission may also engage in necessary activities of a civil nature according to the law.

　　The liquidation commission shall be responsible and report its work to the people's court.

　　Article 202 If the legal person enterprise and the creditors reach a composition agreement， the people's court shall， after approving the agreement， make a public announcement of it and terminate the bankruptcy and debt repayment proceedings. The composition agreement shall be legally effective as of the date of the public announcement.

　　Article 203 With respect to the property mortgaged or otherwise used as security for bank loans or other obligations， the bank and other creditors shall have priority in the repayment of debts as regards the property mortgaged or used as security for other kinds of obligations. If the money value of the property mortgaged or used as security for other kinds of obligations exceeds the amount of loans secured， the surplus shall go to the bankrupt property for debt repayment.

　　Article 204 After deduction of bankruptcy proceedings

expenses from the bankrupt property， first repayment shall be made in the following order of priority：

　　（1） wages and salaries of staff and workers and labour insurance expenses that are owned by the bankrupt enterprise；

　　（2） taxes owed by the bankrupt enterprise； and

　　（3） claims by creditors in the bankruptcy proceedings.

　　Where the bankrupt property is insufficient to meet the repayment claims of the same order of priority， it shall be distributed on a pro-rata basis.

　　Article 205 The debt repayment of a bankrupt legal person enterprise shall be under the jurisdiction of the people's court of the place where the legal person enterprise is located.

　　Article 206 The provisions of the Law of the People's Republic of China on Enterprise Bankruptcy shall apply to bankruptcy and debt repayment of enterprises owned by the whole people.

　　The provisions of this Chapter shall not apply to non-legal person enterprises， individual businesses， lease holding farm households and partnerships by private individuals.

　　PART THREE PROCEDURE OF EXECUTION

　　Chapter XX General Provisions

　　Article 207 Legally effective judgments or written orders in civil cases， as well as the parts of judgments or written orders that relate to property in criminal cases， shall be executed by the people's court of first instance.

　　Other legal documents which are to be executed by a people's court as prescribed by the law shall be executed by the people's court of the place where the person subjected to execution has his domicile or where the property subject to execution is located.

　　Article 208 If， in the course of execution， an outsider raises an objection with respect to the object subjected to execution， the execution officer shall examine the objection in accordance with the procedure prescribed by the law. If the reasons for the objection are untenable， the objection shall be rejected； if otherwise， execution shall be suspended with the approval of the president of the court. If definite error is found in the judgment or the written order， it shall be dealt with in accordance with the procedure for trial supervision.

　　Article 209 Execution work shall be carried out by the execution officer.

　　When carrying out a compulsory execution measure， the execution officer shall produce his credentials. After the execution is completed， the execution officer shall make a record of the particulars of the execution， and have it signed or sealed by the persons concerned on the scene.

　　The basic people's court and the intermediate people's court may， when necessary， establish execution organs， whose functions shall be defined by the Supreme People's Court.

　　Article 210 If a person or property subjected to execution is in another locality， the people's court in that locality may be entrusted with the carrying out of the execution. The entrusted people's court shall begin the execution within 15 days after receiving a letter of entrustment and shall not refuse to do so. After the execution has been completed， the entrusted people's court shall promptly inform the entrusting people's court， by letter， of the result of the execution. If the execution has not been completed within 30 days， the entrusted people's court shall also inform the entrusting people's court， by letter， of the particulars of the execution.

　　If the entrusted people's court does not carry out the execution within 15 days after receiving the letter of entrustment， the entrusting people's court may request the people's court at a higher level over the entrusted people's court to instruct the entrusted people's court to carry out the execution.

　　Article 211 If in the course of execution the two parties become reconciled and reach a settlement agreement on their own initiative， the execution officer shall make a record of the contents of the agreement

， and both parties shall affix their signatures or seals to the record.

　　If either party fails to fulfil the settlement agreement， the people's court may， at the request of the other party， resume the execution of the legal document which was originally effective.

　　Article 212 In the course of execution， if the person subjected to execution provides

　　a guaranty， the people's court may， with the consent of the person who has applied for execution， decide on the suspension of the execution and the time limit for such suspension. If the person subjected to execution still fails to perform his obligations after the time limit， the people's court shall have the power to execute the property he provided as security or the property of the guarantor.

　　Article 213 If the citizen subjected to execution dies， his debts shall be paid off from the deceased estate； if a legal person or any other organization subjected to execution dissolves， the party that succeeds to its rights and obligations shall fulfil the obligations.

　　Article 214 After the completion of execution， if definite error is found in the executed judgment， written order or other legal documents resulting in the annulment of such judgment， order or legal documents by the people's court， the said court shall， with respect to the property which has been executed， make a written order that persons who have obtained the property shall return it. In the event of refusal to return such property， compulsory execution shall be carried out.

　　Article 215 The provisions of this Part shall be applicable to the execution of the conciliation statement as drawn up by the people's court.

　　Chapter XXI Application for Execution and Referral

　　Article 216 The parties concerned must comply with legally effective judgments or written orders in civil cases. If a party refuses to do so， the other party may apply to the people's court for execution， or the judge may refer the matter to the execution officer for enforcement.

　　The parties concerned must comply with the conciliation statement and other legal documents that are to be executed by the people's court. If a party refuses to do so， the other party may apply to the people's court for enforcement.

　　Article 217 If a party fails to comply with an award of an arbitral organ established according to the law， the other party may apply for execution to the people's court which has jurisdiction over the case. The people's court applied to shall enforce the award.

　　If the party against whom the application is made furnishes proof that the arbitral award involves any of the following circumstances， the people's court shall， after examination and verification by a collegial panel， make a written order not to allow the enforcement：

　　（1） the parties have had no arbitration clause in their contract， nor have subsequently reached a written agreement on arbitration；

　　（2） the matters dealt with by the award fall outside the scope of the arbitration agreement or are matters which the arbitral organ has no power to arbitrate；

　　（3） the composition of the arbitration tribunal or the procedure for arbitration contradicts the procedure prescribed by the law；

　　（4） the main evidence for ascertaining the facts is insufficient；

　　（5） there is definite error in the application of the law； or

　　（6） the arbitrators have committed embezzlement， accepted bribes or done malpractice for personal benefits or perverted the law in the arbitration of the case.

　　If the people's court determines that the execution of

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