What are the provisions of the Civil Procedure Law on execution procedures?
Legally effective civil judgments and rulings, as well as the property part of criminal judgments and rulings, shall be executed by the people's court of first instance or the people's court of the place where the property is executed at the same level as the people's court of first instance. Other legal documents stipulated by law to be executed by the people's court shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located.
If the people's court fails to execute the application for execution for more than six months from the date of receiving it, the applicant for execution may apply to the people's court at the next higher level for execution. After examination, the people's court at a higher level may order the original people's court to execute it within a certain period of time, or decide to execute it by itself or instruct other people's courts to execute it.
A legally effective civil judgment or ruling must be fulfilled by the parties concerned. 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. Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.
What are the chances of changing custody in the second instance?
1. If the appellant does not produce strong evidence at the second trial, the probability of changing the sentence is not great. Because in the first instance, the judge will make a judgment according to the following principles: if the child is under 2 years old, under normal circumstances, except for legal special circumstances, the custody will be awarded to the woman; If the child is 2-8 years old, the comprehensive conditions of both parties will be considered, including which side the child lives with to form a stable living environment, which side has better economic conditions and which side has independent housing. Children over the age of 8 need to listen to their opinions. If you want to fight for custody, try to prove that you have the ability to support and change the living environment that is not conducive to the growth of children.
2. When trying divorce cases, the people's courts should properly solve the problem of child support from the perspective of being conducive to the physical and mental health of children and safeguarding their legitimate rights and interests, combined with the specific circumstances of parents' parenting ability and parenting conditions. According to the above principles, combined with trial practice, the following specific opinions are put forward:
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 230 If an interested party is unable to report to the people's court before the judgment due to justifiable reasons, he may bring a lawsuit to the people's court that made the judgment within one year from the date when he knew or should have known the announcement of the judgment.
Article 231 The property part of a legally effective civil judgment or ruling and a criminal judgment or ruling shall be executed by the people's court of first instance or the people's court of the place where the property is executed at the same level as the people's court of first instance.
Other legal documents stipulated by law to be executed by the people's court shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located.
Article 232 If a party or interested party thinks that the enforcement act violates the law, it may file a written objection to the people's court responsible for enforcement. If a party or interested party raises a written objection, the people's court shall conduct an examination within 15 days from the date of receiving the written objection. If the reason is established, it shall make a ruling to cancel or correct it; If the reason cannot be established, the ruling shall be rejected. If a party or interested party refuses to accept the award, it may apply to the people's court at the next higher level for reconsideration within ten days from the date of service of the award.