Articles 224 to 258 of Part Three of the Civil Procedure Law comprehensively stipulate execution procedures and measures. Chapter 19 General Provisions Article 224: The property portion of legally effective civil judgments, rulings and criminal judgments or rulings shall be executed by the people's court of original instance where the property subject to execution is located or the people's court at the same level as the people's court of original instance. . Other legal documents that are stipulated by law to be executed by the People's Court shall be executed by the People's Court where the person subject to execution is domiciled or where the property subject to execution is located. Article 225 If the parties or interested parties believe that the execution violates legal provisions, they may submit written objections to the people's court responsible for execution. If a party or interested party raises a written objection, the people's court shall review it within 15 days from the date of receipt of the written objection. If the reason is established, it shall rule to revoke or correct it; if the reason is not established, it shall rule to reject it. If the parties or interested parties are dissatisfied with the ruling, they may apply for reconsideration to the people's court at the next higher level within ten days from the date of delivery of the ruling. Article 226 If the People's Court fails to execute the application for more than six months from the date of receipt of the execution application, the person applying for execution may apply to the People's Court at the next higher level for execution. After review, the people's court at the next higher level may order the original people's court to execute within a time limit, or may decide to have this court execute the case or instruct another people's court to execute it. Article 227 During the execution process, if a party outside the case raises a written objection to the subject matter of execution, the People's Court shall review it within 15 days from the date of receipt of the objection letter. If the reason is established, it shall rule to suspend the execution of the subject matter; If the reason is untenable, the ruling shall be made to reject the objection. If a party outside the case or party is dissatisfied with the ruling and believes that the original judgment or ruling is indeed erroneous, it shall be handled in accordance with the trial supervision procedures; if it has nothing to do with the original judgment or ruling, the party concerned may file a lawsuit with the People's Court within 15 days from the date of service of the ruling. Article 228 Execution shall be carried out by the executive. When taking enforcement measures, the enforcement personnel shall produce their certificates. After the execution is completed, a transcript of the execution shall be produced and signed or sealed by the relevant personnel present. The People's Court may establish enforcement agencies as necessary. Article 229 If the person subject to execution or the property subject to execution is outside the country, the local people's court may be entrusted with the execution on his behalf. After receiving the letter of entrustment, the entrusted people's court must begin execution within fifteen days and shall not refuse. After the execution is completed, the execution results shall be notified to the entrusted People's Court in a timely manner; if the execution is not completed within thirty days, the execution results shall also be notified to the entrusted People's Court by letter. If the entrusted people's court fails to complete the execution within fifteen days from the date of receipt of the entrustment letter, the entrusting people's court may request the superior people's court of the entrusted people's court to instruct the entrusted people's court to execute. Article 230: If the parties reach a settlement agreement on their own during execution, the execution officer shall record the content of the agreement in the transcript and have it signed or sealed by both parties. If the person applying for execution reaches a settlement agreement with the person subject to execution due to fraud or coercion, or the parties fail to perform the settlement agreement, the people's court may resume execution of the original effective legal document based on the application of the party. Article 231 During execution, if the person subject to execution provides a guarantee to the People's Court, and with the consent of the person applying for execution, the People's Court may decide to suspend execution and the period of suspension of execution. If the person subject to execution fails to perform within the time limit, the people's court has the right to execute the guaranteed property of the person subject to execution or the property of the guarantor. Article 232 If a citizen who is the person subject to execution dies, the debt shall be paid off by his estate. If the legal person or other organization that is the person subject to execution terminates, its rights and obligations shall be performed by its successor. Article 233 After the execution is completed, if the judgment, ruling and other legal documents based on the execution are indeed erroneous and are revoked by the people's court, the people's court shall make a ruling on the property subject to execution and order the person who obtained the property to return it; If you refuse to return it, enforcement will be enforced. Article 234 The provisions of this part shall apply to the execution of mediation documents produced by the People's Court. Article 235 The People’s Procuratorate has the right to exercise legal supervision over civil enforcement activities. Chapter 20 Application and Transfer of Execution Article 236 The parties must fulfill the civil judgments and rulings that have taken legal effect. If one party refuses to perform, the other party may apply to the People's Court for execution, or the judge may transfer the case to the person subject to execution for execution. The parties concerned must fulfill the mediation agreement and other legal documents that shall be enforced by the People's Court. If one party refuses to perform, the other party may apply to the People's Court for enforcement.
Article 237 If one party fails to perform the award of the arbitration institution established according to law, the other party may apply to the people's court with jurisdiction for enforcement. The people's court subject to the application shall implement it. If the respondent presents evidence to prove that the arbitration award has any of the following circumstances, the people's court will review and verify the arbitration award and rule that it shall not be enforced: (1) the parties did not agree on the arbitration clause in the contract, or did not reach a written arbitration agreement afterwards; (2) ) The matter of the award does not fall within the scope of the arbitration agreement, or the arbitration institution has no authority to arbitrate; (3) The composition of the arbitral tribunal or the arbitration procedure is illegal; (4) The evidence on which the award is based is forged; (5) The other party Concealing evidence from the arbitration institution that may affect a fair award; (6) The arbitrator has committed corruption, bribery, malpractice for personal gain, or made a wrongful award in an arbitration case. If the people's court considers that the execution of an award is against the public interests of society, it shall rule not to execute it. The ruling shall be served on both parties and the arbitration institution. If the People's Court decides not to enforce the arbitration award, the parties may reapply for arbitration in accordance with the written arbitration agreement reached by both parties, or they may file a lawsuit in the People's Court. Article 238 If one party fails to perform a debt document that has been legally enforceable by a notary office, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court that accepts the application shall enforce it. If there is indeed an error in the notarized creditor's rights document, the people's court shall rule not to enforce it and serve the ruling on both parties and the notary agency. Article 239 The time limit for applying for execution is two years. When applying for the suspension or interruption of the statute of limitations, the provisions of the law on the suspension or interruption of the statute of limitations shall apply. The period specified in the preceding paragraph shall be calculated from the last day of the performance period specified in the legal document; if the legal document stipulates performance in installments, it shall be calculated from the last day of each performance period; if the legal document does not stipulate a performance period, the period shall be calculated from the last day of the performance period specified in the legal document. Calculated from the effective date. Article 240 After receiving the execution application or execution transfer letter, the execution officer shall issue an execution notice to the person subject to execution and may immediately take execution measures. Chapter 21 Execution Measures 241 If the person subject to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, he shall report the current and property situation one year before the date of receipt of the execution notice. If the person subject to execution refuses to report or makes a false report, the people's court may, depending on the seriousness of the case, impose a fine or detain the person subject to execution or his legal agent, the principal person in charge of the relevant unit or the person directly responsible. Article 242 If the person subject to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the people's court has the right to inquire the relevant units about the deposits, bonds, stocks, fund shares and other properties of the person subject to execution. The people's court has the power to seize the property of the person subject to execution based on different circumstances. The People's Court has the power to seize, freeze, transfer, and sell off the property of the person subject to execution based on different circumstances. The property that the people's court seals, freezes, transfers, and realizes shall not exceed the scope of the obligations that the person subject to execution shall perform. If the people's court decides to seal, freeze, transfer or realize property, it shall make a ruling and issue a notice of assistance in execution, which shall be handled by the relevant units. Article 243 If the person subject to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the people's court has the right to withhold and withdraw the income of the person subject to execution that should fulfill the obligations. However, the daily necessities of the person subject to execution and his dependent family members shall be preserved. When the people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, which shall be handled by the unit where the person subject to execution belongs, banks, credit unions and other units with savings business. Article 244 If the person subject to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the people's court has the power to seal up, detain, freeze, auction, and sell off the property of the person subject to execution that is required to perform his obligations. However, the daily necessities of the person subject to execution and his dependent family members shall be preserved. The people's court shall make a ruling when taking the measures mentioned in the preceding paragraph. Article 245: If the people's court seals up or detains property and the person subject to execution is a citizen, it shall notify the person subject to execution or his adult family members to be present; if the person subject to execution is a legal person or other organization, it shall notify its legal representative or principal The person in charge is present. Refusal to be present will not affect execution. If the person subject to execution is a citizen, his or her unit or the grassroots organization where the property is located should send someone to the scene. For the property that has been sealed or detained, the enforcement officer shall make a list, have it signed or stamped by the persons present, and give a copy to the person subject to enforcement. If the person subject to execution is a citizen, a copy can also be given to his adult family members. Article 246 The executor may designate the person subject to execution to be responsible for the safekeeping of the seized property.
Losses caused by the fault of the person subject to execution shall be borne by the person subject to execution. Article 247 After sealing or detaining property, the execution officer shall order the person subject to execution to perform the obligations specified in the legal document within a time limit. If the person subject to execution fails to perform his obligations within the specified period, the people's court shall auction the sealed or impounded property; if it is not suitable for auction or the parties agree not to auction it, the people's court may entrust relevant organizations to sell it or sell it on its own. Items that are prohibited from being sold freely by the state shall be sold by the relevant units at prices set by the state. Article 248 If the person subject to execution fails to perform the obligations specified in the legal document and conceals property, the people's court has the right to issue a search warrant to search the person subject to execution and his residence or the place where the property is concealed. To take the measures mentioned in the preceding paragraph, the dean shall issue a search warrant. Article 249 The property or bills designated for delivery in a legal document shall be delivered in person by the person subject to execution summonsing both parties, or handed over by the person subject to execution and signed by the recipient. If the relevant unit holds the property or bills, it shall be transferred in accordance with the People's Court's Notice of Assistance in Enforcement and shall be signed by the recipient. If the relevant citizens hold the property or bills, the people's court will notify them to hand it over. Those who refuse to hand it over will be subject to compulsory enforcement. Article 250 In case of forced eviction of a house or forced withdrawal of land, the dean shall issue an announcement and order the person subject to execution to perform within a time limit. If the person subject to execution fails to perform within the prescribed time limit, enforcement will be enforced by the execution officer. During execution, if the person subject to execution is a citizen, the person subject to execution or his adult family member shall be notified to be present; if the person subject to execution is a legal person or other organization, his legal representative or principal responsible person shall be notified to be present. Refusal to appear will not affect execution. If the person subject to execution is a citizen, the unit where he or she works or the grassroots organization where the house or land is located should send people to the scene. The execution personnel shall record the execution status in a written record, which shall be signed or stamped by the persons present. The property that has been forcibly moved out of the house shall be transported to a designated place by the people's court and handed over to the person subject to execution. If the person subject to execution is a citizen, he or she can also be handed over to his adult family members. The loss caused by the refusal to accept shall be borne by the person subject to execution. Article 251 During the execution process, if it is necessary to go through relevant transfer procedures for the property ownership certificate, the people's court may issue a notice of assistance in execution to the relevant unit, and the relevant unit must handle it. Article 252: If the person subject to execution fails to perform the acts specified in the judgment, ruling, or other legal documents in accordance with the execution notice, the People's Court may enforce the execution or entrust relevant units or other persons to complete it for the required fees. shall be borne by the person subject to execution. Article 253 If the person subject to execution fails to perform the monetary payment obligation within the period specified in the judgment, ruling or other legal documents, he shall pay double the interest on the debt during the period of delayed performance. If the person subject to execution fails to perform other obligations within the period specified in the judgment, ruling or other legal documents, he shall pay a delay performance penalty. Article 254: If the person subject to execution is still unable to repay the debt after the people's court takes the enforcement measures stipulated in Articles 242, 243, and 244 of this Law, The obligations should continue to be fulfilled. If the creditor discovers that the person subject to execution has other properties, he may request the People's Court for execution at any time. Article 255 If the person subject to execution fails to perform the obligations specified in the legal document, the People's Court may take or notify relevant units to assist in taking measures such as restricting exit from the country, recording information in the credit reporting system, publishing information on non-performance of obligations through the media, and other measures prescribed by law. Chapter 22 Suspension and Termination of Execution Article 256 The People's Court shall rule to suspend execution under any of the following circumstances: (1) The applicant indicates that execution can be postponed; (2) A person outside the case raises objections to the subject matter of execution Objection, with justifiable reasons; (3) The citizen who is the party to the execution dies and needs to wait for the heir to inherit the rights or assume the obligations; (4) The legal person or other organization that is the party to the execution terminates and the rights and obligations have not been determined; (5) Suspension of execution of. (4) The legal person or other organization that is a party to the case is terminated and the successor of the rights and obligations has not yet been determined; (5) Other circumstances where the people's court believes that execution should be suspended. After the suspension of execution disappears, execution shall be resumed.
Article 257 If any of the following circumstances occurs, the People's Court shall rule to terminate execution: (1) The applicant withdraws his application; (2) The legal document based on which the execution is based is revoked; (3) The citizen who is the person subject to execution If the person dies, there is no inheritance for execution, and there is no obligation bearer; (4) The person who has the right to claim alimony, maintenance fees, and childcare fees dies; (5) The citizen subject to execution is unable to repay the loan due to difficulty in living, and there is no (6) The citizen subject to execution is unable to repay the loan due to difficulties in living and has no source of income to repay the loan. (5) The citizen subject to execution has difficulty in living, has no source of income, has lost the ability to work, and is unable to repay the loan; (6) Other circumstances in which the People's Court deems execution should be terminated. Article 258 The ruling to suspend or terminate execution will take effect immediately after it is delivered to the parties. Legal basis:
Article 67 of the "Civil Procedure Law of the People's Republic of China and the State" The People's Court has the right to investigate and collect evidence from relevant units and individuals, and relevant units and individuals may not refuse. The people's court shall recognize the authenticity of the certificates submitted by relevant units and individuals, and review and determine their validity.