Comment on Article 253 of People's Republic of China (PRC) Civil Procedure Law

If the person subjected to execution fails to fulfill the obligation to pay money within the time specified in the judgment, ruling or other legal documents, he may apply for compulsory execution. And will also pay interest on the debt during the extension period.

Article 253 of the Civil Procedure Law of People's Republic of China (PRC), if the person subjected to execution fails to perform the obligation to pay money within the period specified in the judgment, ruling or other legal documents, he shall pay double the interest on the debt during the delayed performance. If the person subjected to execution fails to perform other obligations within the period specified in the judgment, ruling or other legal documents, he shall pay the delay in performance. You can't claim interest and payment for delayed performance at the same time.

This article is about forcing the person subjected to execution to pay double interest or delay performance. Debt interest refers to a certain fee that the debtor should pay to the creditor in addition to the principal of the debt when he fails to perform the debt on time. Delayed performance refers to the money that the person subjected to execution should pay to the creditor except the original debt because of delayed performance of the obligations specified in the effective legal documents, which has the dual functions of making up the losses of the creditor and punishing the obligation.

In this article, the interest of money debt is clearly defined as double payment; The standard and amount of deferred payment of non-monetary creditor's rights are not specified, which shall be determined by the person subjected to execution according to the specific circumstances.

Extended data:

Article 232 of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "If the person subjected to execution fails to perform the obligation of paying money within the period specified in the judgment, ruling or other legal documents, he shall pay double the debt interest during the delayed performance." "Other legal documents" referred to here.

Including the people's court's civil mediation. Because the civil conciliation statement you requested came into legal effect before the implementation of the Civil Procedure Law, according to the provisions of the judicial interpretation at that time, although the person subjected to execution should pay the interest on the debt during the delay in performance, it may not be doubled.

Jixi Intermediate People's Court-What is the law that the person subjected to execution fails to perform the payment obligation on schedule?

Baidu Encyclopedia-"the Supreme People's Court's Report on the Failure of the Executed Person to Perform within the Period Specified in the Civil Mediation"