UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ...

Case 0:10-cv-61942-MGC Document 5-6 Entered on FLSD Docket 10/14/2010 Page 51 of 75
(2) the person against whom the application is made is capable of fulfilling the obligations involved in the preliminary execution.
The people's court may instruct the applicant to provide a surety; if the applicant fails to do so, his application shall be rejected. If the
applicant loses the lawsuit, he shall compensate the person against whom the application is made for any loss of property incurred from the
preliminary execution.
Article 99. If a party is not satisfied with the order on property preservation or preliminary execution, it may apply for reconsideration which
could be granted only one. Implementation of the order shall not be suspended during the time of reconsideration.
CHAPTER X COMPULSORY MEASURES AGAINST IMPAIRMENT OF CIVIL ACTIONS
Article 100. If a defendant is required to appear in court, but, having been served twice with subpoena, still refuses to do so without jus ified
reason, the people's court may summon him to court by a warrant.
Article 101. Participants in proceedings and other persons shall abide by the court rules.
Should any person violate the court rules, the people's court may reprimand him and order him to leave the court, or impose a fine or
detention on him.
With respect to any person who seriously disrupts the court procedure by making an uproar in the court or assaulting the courtroom, or
insulting, slandering, threatening, or beating the judicial personnel, the people's court shall investigate for criminal responsibility according to
law; if the circumstances are minor, a fine or detention may be imposed on the offender.
Article 102. If a participant in the proceedings or any other person commits any of the following acts, the people's court shall, in accordance
with the law, investigate for criminal responsibility; if the circumstances are minor and do not constitute a crime, the offender shall be fined
or detained:
(1) forging or destroying significant evidence, which would obstruct the trial of a case by the people's court;
(2) using violence, threats or subornation to hinder a witness from giving testimony, or instigating, suborning, or coercing others to commit
perjury;
(3) concealing, transferring, selling or destroying property that has been sealed up or distrained, or that has been made an inventory of and
has been put under his care according to instruction, or transferring the property that has been freezed;
(4) insulting, slandering, incriminating with false charges, beating up or retaliating against judicial personnel, participants in proceedings,
witnesses, interpreters, experts, inspectors, or personnel assisting in execution; or
(5) using violence, threats or other means to hinder judicial personnel from performing their duties; or
(6) refusing to comply with the legally effective judgments or orders of the people's court.
Article 103. With respect to a unit under an obligation to assist in investigation and execution that commits any of the following acts, the
people's court may, apart from instructing it to perform its obligation to assist, also impose a fine:
(1) refusing or obstructing, by units concerned, investigations and collection of evidence made by the people's court;
(2) after receiving a notification on assistance in execution from the people's court, refusing by banks, credit cooperatives or other units
dealing with savings deposits to assist in inquiring, freezing or transferring relevant deposit.
(3) after receiving a notification on assistance in execution from the people's court, refusing by units concerned to assist in withholding the
income of the party subject to execution, handling formalities for transferring relevant certificates and passing on relevant negotiable
instrument, certificates, or other property; or
(4) refusing to provide other orbligatory assistance in execution.
With respect to a unit that commits any of the acts specified in the preceding paragraph, the people's court may impose a fine on the
principal leading personnel of the unit or the person directly responsible. The people's court may also put forward a proposal on the
imposition of disciplinary sanctions to the supervisory organ and organs concerned.
Article 104. A fine on an individual shall be not more than Renminbi, 1, 000 yuan. A fine on a unit shall be not less than Renminbi 1,000
yuan and not more than Renminbi 30,000 yuan.
A detention period shall be not longer than 15 days.
The people's court shall deliver detained persons to a public security organ for custody. The people's court may decide to grant the detained
person an early release if he admits and corrects his wrongdoing.
Article 105. Imposition of summons by warrant, fine or detention shall be subject to approval of the president of a people's court. Warrants
shall be issued for carrying out summonses by warrant.
Letters of decision shall be issued for fines and detentions. If an offender is not satisfied with the decision, he may apply to a people's court
at a higher level for reconsideration that could be granted only once. The execution of the decision shall not be suspended during the time