Legal analysis
After a court decision, if the defendant refuses to execute it, he may apply for compulsory execution, and the parties concerned must perform the legally effective civil judgment or ruling and the criminal judgment or ruling. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution. If one party fails to perform the award of an arbitration institution established according to law, the other party may apply to the people's court with jurisdiction for enforcement. The people's court to which the application is made shall execute it. If one party fails to perform the creditor's rights documents that the notary organ has given the enforcement effect according to law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court applying for enforcement shall enforce them. If the notarized creditor's rights document is indeed wrong, the people's court shall rule that it will not be executed, and serve the ruling on both parties and the notary office. When taking enforcement measures, the enforcement personnel shall produce their certificates. After the execution is completed, a written record of execution shall be made and signed or sealed by the relevant personnel present. The enforcement court may take the following enforcement measures: inquiring, freezing and transferring the deposit of the respondent; Seizure or withdrawal of the income of the respondent; Seal up, detain, auction or sell off the property of the respondent; Searching the hidden property of the respondent; Measures such as forcing the respondent to deliver the property or documents determined by legal documents. If you want to apply for enforcement, there is a two-year limitation.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 244 If the person subjected to execution fails to perform the obligations specified in the legal document according to the notice of execution, the people's court has the right to seal up, detain, freeze, auction or sell off the property that the person subjected to execution should perform. However, the necessities of life of the person subjected to execution and his dependents shall be retained. The people's court shall make a ruling on taking the measures mentioned in the preceding paragraph.
Article 254 After the people's court adopts the enforcement measures specified in Articles 242, 243 and 244 of this Law, if the person subjected to execution is still unable to pay off his debts, he shall continue to perform his obligations. If the creditor finds that the person subjected to execution has other property, he may request the people's court for execution at any time.