the third is to stipulate the time limit for the application executor to apply to the higher court for changing the enforcement court, and the enforcement court has received the application for enforcement for more than six months;
Third, the people's court at a higher level is required to examine the application of the parties. After examination, the original court can be ordered to execute it within a certain period of time, or it can be decided to be executed by this court, or other courts can be instructed to execute it.
if a party applies for enforcement, it may, after examination, order the court that originally tried the case to execute it within a time limit, order it to be executed by this court, or instruct other courts to execute it. The specific handling shall be decided by the people's court at the next higher level according to the specific circumstances of the case.
if the applicant decides to apply to the people's court at a higher level for enforcement, it is necessary to draft an application for enforcement and submit relevant materials to the people's court at a higher level. In the application for execution, it is necessary to clearly state the specific situation that "the people's court has not executed it for more than six months from the date of receiving the application for execution", which is the only reason for the higher court to accept it. However, lawyers should note that the so-called "six months" does not include the period of execution announcement, appraisal and evaluation, jurisdiction dispute handling, execution dispute coordination, suspension of execution and suspension of execution.
if the superior court examines and orders the people's court that tried the case to complete the execution within a certain period of time, the superior court will issue an order to urge the execution, and the applicant will also be notified in writing. Lawyers and parties need to pay close attention to the execution of the original execution court. If the execution court fails to complete the execution within the time limit stipulated by the higher court's supervision and execution order without justifiable reasons, the lawyer shall promptly notify the higher court of the execution court in writing and apply to the higher court for ruling that the court or other people's courts within its jurisdiction execute the order.
Legal basis:
Article 226 of the Civil Procedure Law of the People's Republic of China. If six months have passed since the people's court received the application for execution, the applicant may apply to the people's court at the next higher level for execution. After examination, the people's court at the next higher level may order the people's court that originally tried the case to execute it within a time limit, or order it to be executed by this court or instruct other people's courts to execute it.
an applicant's application to the people's court for enforcement must be made within the statutory time limit before it becomes effective. If the time limit is exceeded, the right to apply for enforcement will be lost. After the court executes the case, it shall take enforcement measures within six months.
if the court fails to take enforcement measures within 6 months, it may apply to a higher court for upgrading enforcement.