In accordance with the Proposed Provisions of the Supreme Court of Guangdong Province on the Implementation of the Active Enforcement System, the court will enforce the cases that meet the requirement without the application of the parties. The procedures of the system are as follows:
44.1. Active enforcement applies to the judgments, rulings, mediation bills, payment orders and litigation fee cases that have the contents of civil enforcement and are of the first instance of the court. Among the above-mentioned cases, the court is responsible for the first phase of active enforcement for those cases with phased objectives, the remaining objectives will be done by the creditor in accordance with the legal provisions for enforcement. Cases of mediation in which it is stipulated that if the debtor has overdue performance, then the creditor may apply for full payment, fall into the category of active enforcement.
44.2. The parties have the right to choose whether to consent to the active enforcement of the case by the court. The court shall direct the case to be to be enforced without further application from the parties who approve of the active enforcement of the court.
44.3. For those creditors who apply to the court at the place of the property for compulsory enforcement after initiating active enforcement and the filing, the cases will be processed according to the second article and other relevant provisions of Explanations to Enforcement Procedures Regarding the Application of Civil Procedure Law of the PRC of the Supreme Court.
