[Direct answer]In the Beijing area, trials are generally not held, and the decision is reviewed and ruled by the collegial panel of the executing court. The "Interpretation of the Supreme People's Court on Several Issues Concerning the Modification and Addition of Parties in Civil Enforcement" (effective December 1, 2016 and amended in 2020) establishes the statutory circumstances and review procedures for adding the party subject to enforcement. The review is usually conducted by a collegial panel of the executing court, and a hearing may be organized for the parties if necessary. The parties and third parties have the right to submit written opinions and evidence, and the court shall guarantee their opportunities to make statements and provide evidence. If they disagree with the decision to add or not add the party subject to enforcement, they may file a lawsuit challenging the enforcement or apply for a review in accordance with the law, depending on the circumstances on which the decision is based.

I. Problem Background and Typical Scenarios

After a creditor applies for the addition of a party, they often expect to attend a court hearing for cross-examination like in ordinary litigation, but instead receive a written ruling. Common situations include: the application to add a shareholder as a defendant being rejected due to insufficient evidence; the defendant shareholder raising a defense on the grounds of not participating in the operation; situations involving false investment and withdrawal of funds requiring retrieval of bank transaction records; and adding the original shareholder after the company is liquidated. Beijing area courts typically require applicants to provide internal business archives, investment certificates, and liquidation materials during the review process. In practice, parties often focus on the outcome rather than the process. In fact, whether the written documents are complete, whether communication records are preserved, and whether key deadlines are met often determine the ultimate scope of action. Therefore, it is essential to organize materials early, clarify legal grounds, and document favorable facts. When conducting a detailed analysis, it is recommended to take the timeline as the main thread, and match contracts, certificates, transaction records, and relevant legal grounds one by one to form a clear processing framework, which is conducive to judging the order and feasibility of various claims.

II. Key points of contention

First, whether the additional matters fall within the statutory circumstances and those beyond the scope will not be accepted. Second, what is the review method and whether a hearing is required. Third, the allocation of the burden of proof and whether the evidence is sufficient. Fourth, how to guarantee the respondent's right to make statements and defend himself. Fifth, the remedial path and time limit after the ruling. Sixth, how to apply when the written agreement conflicts with mandatory legal provisions, and how to determine the validity of the relevant clauses. Seventh, who should bear the burden of proof for key facts and how to grasp the standard of proof. Eighth, whether the relevant time limits have expired and whether the interruption or extension of the time limit can be claimed. Ninth, whether the parties themselves have any faults and the impact of these faults on the final liability ratio. In addition, attention should also be paid to whether the evidence form is legal, whether the key facts can corroborate each other, and the differences in cost, time and feasibility of different handling solutions. On this basis, the priority path to be advanced should be determined.

III. Professional analysis by Henglue Law Firm

The practical experience of Henglue Lawyers is that although the supplementary proceedings do not involve a court hearing, the pressure to provide evidence is not less. In practice, the complete chain of evidence should be submitted at one time, including the effective judgment, the execution case number, the internal files of the industrial and commercial registration, the articles of association and investment certificates, the documents of deregistration and liquidation, and the clues of property transfer; in terms of argumentation, it should closely follow the statutory circumstances and correspond to each item, avoiding making general claims that the company is insolvent. If the court organizes a hearing, it should prepare for on-site statements and cross-examination, and focus on responding to the defendant's defenses. When dissatisfied with the ruling, it should distinguish whether it belongs to the situation where an action for enforcement objection can be initiated or the situation where an application for reconsideration should be made, and pay attention to the statutory period to avoid losing the opportunity for relief due to the wrong choice of path. In addition, after the supplementary proceedings are successful, the clues of property should be provided as soon as possible and an application should be made to take control measures against the new executed persons to prevent them from transferring property.
This case is handled by Beijing Henglu Law FirmYuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action list: First, check whether the proposed additional matters fall within the statutory circumstances; Second, submit a complete chain of evidence once and correspond to each item; Third, prepare for the hearing and prepare written opinions and cross-examination points; Fourth, pay attention to the relief period and path after the ruling; Fifth, immediately provide property clues and apply for control measures after the addition is successful. For cases involving the addition of parties and the implementation of relief measures, you can refer to the relevant provisions.Creditor's rights and debts, and enforcementFor disputes involving a company's investment and liquidation, you can refer to the following for reference.Business and contract disputes in enterprisesLegal basis: The "Interpretation of the Supreme People's Court on Several Issues Concerning the Change and Addition of Parties in Civil Enforcement" (implemented on December 1, 2016 and amended in 2020), and the provisions on enforcement objections and reconsideration in the "Civil Procedure Law of the People's Republic of China" (amended in 2023 and implemented on January 1, 2024). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the additional application must comply with the statutory circumstances, and applications exceeding the scope are unlikely to gain support. Secondly, the evidence must be submitted all at once and correspond to the statutory grounds item by item. Thirdly, one should prepare thoroughly for the hearing and not neglect the on-site statement. Fourthly, the time limit for seeking remedies after the ruling is relatively short, so it is essential to take action promptly. For applications involving additional requests and property control, the parties concerned may proceed through the following channels:Creditor's rights and debts, and enforcementThe service is supported, and cases involving disputes over company equity and investment can be handled jointlyBusiness and contract disputes in enterprisesFor plates involving clues about shareholders' family assets, you can refer to the relevant informationDivorce litigation and family disputesColumn.

VI. Frequently Asked Questions

Q1: Is it necessary to hold a court hearing to add a person to the list of defendants who are subject to enforcement?

Generally, trials are not held separately. The court of enforcement will form a collegial panel to review and make a ruling, and a hearing may be organized if necessary. The parties and third parties have the right to submit written opinions and evidence, and the court shall guarantee their opportunities to make statements and present evidence. Due to differences in facts and evidence in different cases, the conclusions may vary. Parties should pay attention to the relevant statutory periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, if necessary, choose appropriate approaches and assert rights under the guidance of professional lawyers. It is recommended to determine the specific handling methods after consulting with complete materials.

Q2: What materials are required for applying for an additional amount?

It is necessary to submit a supplementary application, a valid judgment, an execution case number, evidence proving the statutory circumstances of supplementary execution (such as internal corporate documents, articles of association, investment certificates, deregistration and liquidation documents, and clues to property transfer), as well as identity materials and authorization procedures. Due to differences in facts and evidence among similar cases, the conclusions may vary. Parties should pay attention to relevant statutory time periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, when necessary, choose appropriate approaches and assert claims under the guidance of professional lawyers. It is recommended to consult with complete materials to determine the specific handling methods.

Q3: Does it cost money to add additional procedures?

Generally, additional applications do not incur high fees separately, but the costs of investigation and evidence collection, public announcements, and attorney fees must be borne by the applicant. If an appeal against enforcement is subsequently filed, the litigation fees must be paid according to the regulations. Those who meet the conditions may apply for a reduction, deferral, or exemption from payment. Due to differences in facts and evidence among similar cases, the conclusions may vary. Parties should pay attention to relevant statutory time periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, if necessary, choose appropriate approaches and assert rights under the guidance of professional lawyers. It is recommended to consult with complete materials to determine the specific handling methods.

Q4: How long will the additional review take?

The law does not stipulate a unified time limit. In practice, it usually takes several weeks to months from submitting an application to making a ruling, and the time will be extended accordingly if there are hearings or requests for additional materials. The specific timeframe shall be subject to the notice from the enforcement court. Due to differences in facts and evidence among similar cases, the conclusions may vary. Parties should pay attention to relevant statutory time periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, if necessary, choose appropriate approaches and assert claims under the guidance of professional lawyers. It is recommended to consult with all available materials to determine the specific handling methods.

Q5: What should I do if my additional application is rejected?

Depending on the circumstances of the ruling, a lawsuit challenging the enforcement may be filed in accordance with the law, or a request for review may be submitted to the higher-level court, with attention paid to the respective statutory time limits. New evidence may also be collected to re-apply for enforcement, or a separate lawsuit may be initiated to assert shareholder liability. Due to differences in facts and evidence among similar cases, the conclusions may vary. Parties should pay attention to the relevant statutory periods, submit evidence materials in a timely and complete manner, keep written records of key communications and reminders, and, if necessary, choose an appropriate path and assert claims under the guidance of professional lawyers. It is recommended to consult with complete materials to determine the specific handling method.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm about specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Attorney Yuan Hang·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.