中华人民共和国民事诉讼法（三）

the arbitral award is against the social and public interest， it shall make an order not to allow the execution.

　　The above-mentioned written order shall be served on both parties and the arbitral organ.

　　If the execution of an arbitral award is disallowed by a written order of the people's cou

rt， the parties may， in accordance with a written agreement on arbitration reached between them， apply for arbitration again； they may also bring an action in a people's court.

　　Article 218 If a party fails to comply with a document evidencing the creditor's rights made enforceable according to the law by a notary office， the other party may apply to the people's court which has jurisdiction over the case for execution. The people's court applied to shall enforce such document.

　　If the people's court finds definite error in the document of creditor's rights， it shall make an order not to allow the execution and serve the order on both parties concerned as well as the notary office.

　　Article 219 The time limit for the submission of an application for execution shall be one year， if both or one of the parties are citizens； it shall be six months if both parties are legal persons or other organizations.

　　The above-mentioned time limit shall be calculated from the last day of the period of performance specified by the legal document. If the legal document specifies performance in stages， the time limit shall be calculated from the last day of the period specified for each stage of performance.

　　Article 220 The execution officer shall， after receiving the application for execution or the writ of referral directing execution， send an execution notice to the person subjected to execution， instructing him to comply within the specified time. If the person fails to comply accordingly， compulsory execution shall be carried out.

　　Chapter XXII Execution Measures

　　Article 221 If the person subjected to execution fails to fulfil according to the execution notice the obligations specified in the legal document， the people's court shall be empowered to make inquiries with banks， credit cooperatives or other units that deal with savings deposit into the deposit accounts of the person subjected to execution， and shall be empowered to freeze or transfer his deposits； however， the inquiries， freezing or transfer of the deposits shall not exceed the scope of the obligations to be fulfilled by the person subjected to execution.

　　The people's court shall， in deciding to freeze or transfer a deposit， make a written order and issue a notice for assistance in execution.

　　Banks， credit cooperatives or other units that deal with savings deposit must comply with it.

　　Article 222 If the person subjected to execution fails to fulfil according to the execution notice the obligations specified in the legal document， the people's court shall be empowered to withhold or withdraw part of the income of the person subjected to execution， for the fulfillment of his obligations. However， it shall leave out the necessary living expenses for the person subjected to execution and his dependant family members.

　　The people's court shall， when withholding or withdrawing the income， make a written order and issue a notice for assistance in execution. The unit in which the person subjected to execution works， banks， credit cooperatives or other units that deal with savings deposit must comply with the notice.

　　Article 223 If the person subjected to execution fails to fulfil according to the execution notice the obligations specified in the legal document， the people's court shall be empowered to seal up， distrain， freeze， sell by public auction， or sell off part of the property of the person subjected to execution for the fulfillment of his obligations. However， it shall leave out the necessaries of life for the person subjected to execution and his dependant family members.

　　The people's court shall make an order for the adoption of the measures specified in the preceding paragraph.

　　Article 224 When the people's court seals up or distrains a property， it shall， if the person subjected to execution is a citizen， notify him or an adult member of his

family to appear on the scene； if the party subjected to execution is a legal person or any other organization， it shall notify its legal representatives or its principal heads to be present. Their refusal to appear on the scene shall not hinder the execution. If the person subjected to execution is a citizen， his unit or the grass-roots organization of the place where his property is located shall send a representative to attend the execution.

　　An inventory of the sealed-up or distrained property must be made by the execution officer and， after the inventory has been signed or sealed by the persons on the scene， a copy of it shall be given to the person subjected to execution. If the person subjected to execution is a citizen， another copy may be given to an adult member of his family.

　　Article 225 The execution officer may commit the sealed-up property to the person subjected to execution for safekeeping， and the person shall be held responsible for any losses incurred due to his fault.

　　Article 226 After a property has been sealed up or distrained， the execution officer shall instruct the person subjected to execution to fulfil， within the prescribed period， the obligations specified in the legal document. If the person has not fulfilled his obligations upon expiration of the period， the people's court may， in accordance with the relevant legal provisions， entrust the relevant units with selling by public auction or selling off the sealed-up or distrained property. Articles which are prohibited from free trading by the State shall be delivered to and purchased by the relevant units at the price fixed by the State.

　　Article 227 If the person subjected to execution fails to fulfil his obligations specified in the legal document and conceals his property， the people's court shall be empowered to issue a search warrant and search him and his domicile or the place where the property was concealed.

　　In adopting the measure mentioned in the preceding paragraph， the president of the people's court shall sign and issue the search warrant.

　　Article 228 With respect to the property or negotiable instruments specified for delivery in the legal document， the execution officer shall summon both parties concerned and deliver them in their presence or the execution officer may forward them to the recipient， who shall sign and give a receipt.

　　Any unit concerned that has in possession the property or negotiable instruments shall turn them over to the recipient in accordance with the notice of the people's court for assistance in execution， and the recipient shall sign and give a receipt.

　　If any citizen concerned has in possession the property or negotiable instruments， the people's court shall notify him to hand them over. If he refuses to do so， compulsory execution shall be carried out.

　　Article 229 Compulsory eviction from a building or a plot of land shall require a public notice signed and issued by the president of a people's court， instructing the person subjected to execution to comply within a specified period of time. If the person subjected to execution fails to do so upon the expiration of the period， compulsory execution shall be carried out by the execution officer.

　　When compulsory execution is being carried out， if the person subjected to execution is a citizen， the person or an adult member of his family shall be notified to be present； if the party subjected to execution is a legal person or any other organization， its legal representatives or principal heads shall be notified to be present； their refusal to be present shall not hinder the execution. If the person subjected to execution is a citizen， his work unit or the grass-roots organization in the locality of the building or the plot of land shall send a representative for attendance. The execution officer shall make a record of the particulars of the compulsory execution， with

the signatures or seals of the persons on the scene affixed to it.

　　The people's court shall assign personnel to transport the property removed in a compulsory eviction from a building to a designated location and turn it over to the person subjected to execution or， if the person is a citizen， to an adult member of his family； if any loss is incurred due to such person's refusal to accept the property， the loss shall be borne by the person subjected to execution.

　　Article 230 In the course of execution， if certain formalities for the transfer of certificates of property right need to be gone through， the people's court may issue a notice for assistance in execution to the relevant units， and they must comply with it.

　　Article 231 If the person subjected to execution fails to perform acts specified in a judgement or written order or any other legal document according to the execution notice， the people's court may carry out compulsory execution or entrust the task to a relevant unit or other persons， and the person subjected to execution shall bear the expenses thus incurred.

　　Article 232 If the person subjected to execution fails to fulfil his obligations with respect to pecuniary payment within the period specified by a judgment or written order or any other legal document， he shall pay double interest on the debt for the belated payment. If the person subjected to execution fails to fulfil his other obligations within the period specified in the judgment or written order o

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