Step 1: Apply
The parties must perform legally effective civil judgments and rulings and criminal judgments and rulings. If one party refuses to perform, the other party may apply to a people's court for execution or accept a trial? Membership transfer? The clerk executed it.
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 document which is given compulsory enforcement effect by the notary office according to law, the other party may apply to the people's court with jurisdiction for enforcement, and the people's court that is applied for enforcement shall? Execute. Public? If there are errors in the documents proving the creditor's rights, the people's court shall make a ruling not to execute them, and serve the ruling on both parties and the notary office.
Step 2: Court acceptance
If the parties or interested parties think that the enforcement act violates the law, they may file a written objection to the people's court responsible for enforcement. Where a party or interested party raises a written objection, the people's court? Should I collect it myself? Review within 0/5 days from the date of written objection. If the reason is valid, it shall be ordered to cancel or correct it; If the reason cannot be established, the ruling shall be rejected.
Step 3: Apply for reconsideration
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 10 days from the date of delivery of the award. It has been more than six months since the people's court received the application for execution? Execute? The application executor may apply to the people's court at the next higher level for execution. The people's court at a higher level may, after examination, order the original people's court to execute it within a certain period of time, or decide that it shall be executed or handed over by this court? Make friends with other people? Court execution.
In the process of execution, if the outsider raises a written objection to the execution target, the people's court shall conduct an examination within 15 days from the date of receiving the written objection, and if the reason is established, it shall order to suspend the execution target; Why? Really? Standing, the verdict was rejected. If an outsider or a party refuses to accept the ruling and thinks that the original judgment or ruling is wrong, it shall be handled in accordance with the procedure of trial supervision; If it has nothing to do with the original judgment or ruling, it may be served as of the date of the ruling? Since I was fifteen? Bring a lawsuit to the people's court within days.
Step 4: Issue a notice of execution to the person subjected to execution.
After receiving the application for execution or the execution transfer, the person subjected to execution shall issue a notice of execution to the person subjected to execution, ordering him to perform within a time limit, and if he fails to perform within the time limit, he shall be enforced. The person subjected to execution fails to perform? Legal documents? If the obligation is determined and it is possible to conceal or transfer the property, the person subjected to execution may immediately take compulsory measures.
Step 5: Take compulsory measures.
When taking enforcement measures, the enforcement personnel shall produce their certificates. After the execution is completed, a record of execution shall be made and signed by the relevant personnel present. Name or seal. Can the executive court pass it? Be enforced? Measures taken by the bank: inquiring, freezing and transferring the deposits of the executed person; Seizure or withdrawal of the income of the respondent; Seal up, detain, auction or sell off the property of the respondent; Applied for a search? The executor is hidden? Hide property; Measures such as forcing the respondent to deliver the property or documents determined by legal documents.
Extended data:
The Law on Compulsory Measures stipulates that:
Chapter XXI Measures for the Implementation of the Civil Procedure Law of People's Republic of China (PRC) (revised 20 12)
Article 241 If the person subjected to execution fails to perform the obligations specified in the legal document according to the execution notice, it shall report the current property status and the property status one year before the date of receiving the execution notice. If the person subjected to execution refuses to report or make a false report, the people's court may, according to the seriousness of the case, impose a fine or detention on the person subjected to execution or his legal representative, the principal responsible person of the relevant unit or the person directly responsible.
Article 242 If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits, bonds, stocks, fund shares and other properties of the person subjected to execution. From the relevant units. The people's court has the right to seal up, freeze, transfer or change the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform.
When the people's court decides to seal up, freeze, transfer or change the price of property, it shall make a ruling and issue a notice of assistance in execution, which the relevant units must handle.
Article 243 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 detain and withdraw the income from which the person subjected to execution should perform the obligations. However, the necessary living expenses of the person subjected to execution and his dependents shall be retained.
When withholding or withdrawing income, the people's court shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit to which the person subjected to execution belongs, banks, credit cooperatives and other units with savings business.
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 245 When the people's court seals up or distrains property, if the person subjected to execution is a citizen, it shall notify the person subjected to execution or his adult family members to be present; If the person subjected to execution is a legal person or other organization, it shall notify its legal representative or principal responsible person to be present. Those who refuse to be present will not affect the execution. If the person subjected to execution is a citizen, his work unit or the grassroots organization where his property is located shall send people to participate.
The executor must make a list of the seized or detained property, which shall be signed or sealed by the people present and handed over to the person subjected to execution. If the person subjected to execution is a citizen, he may also give a copy to his adult family members.
Article 246 The person subjected to execution may designate the person subjected to execution to be responsible for keeping the sealed-up property. The losses caused by the fault of the person subjected to execution shall be borne by the person subjected to execution.
Article 247 After the property is sealed up or detained, the executor shall order the person subjected to execution to perform the obligations specified in the legal documents within a time limit. If the person subjected to execution fails to perform within the time limit, the people's court shall auction the sealed-up or distrained property; If it is not suitable for auction or both parties agree not to auction, the people's court may entrust the relevant units to auction or auction on their own. Articles prohibited by the state from trading freely shall be handed over to the relevant units for purchase at the price stipulated by the state.
Article 248 If the person subjected to execution fails to perform the obligations specified in legal documents and conceals property, the people's court has the right to issue a search warrant to search the person subjected to execution, his residence or the concealed property.
Take the measures mentioned in the preceding paragraph, and the dean will issue a search warrant.
Article 249 The property or ticket designated for delivery in a legal document shall be delivered by the person subjected to execution in person or handed over by the person subjected to execution, and signed by the consignee.
If the relevant unit holds property or tickets, it shall transfer them according to the notice of assistance in execution of the people's court, and the consignee shall sign for them.
If the citizens concerned hold property or tickets, the people's court shall notify them to surrender them. Those who refuse to hand it over shall be enforced.
Article 250 If a person is forced to move out of the house or withdraw from the land, the dean shall make an announcement and order the person subjected to execution to perform it within a time limit. If the person subjected to execution fails to perform within the time limit, it shall be enforced by the executor.
At the time of compulsory execution, if the person subjected to execution is a citizen, the person subjected to execution or his adult family members shall be notified to be present; If the person subjected to execution is a legal person or other organization, it shall notify its legal representative or principal responsible person to be present. Those who refuse to be present will not affect the execution. If the person subjected to execution is a citizen, his work unit or the grass-roots organization where the house or land is located shall send people to participate. The person subjected to execution shall record the execution in a record, which shall be signed or sealed by the person present.
The property forcibly removed from the house shall be sent to the designated place by the people's court and handed over to the person subjected to execution. If the person subjected to execution is a citizen, he may also give it to his adult family members. The losses caused by the refusal shall be borne by the person subjected to execution.
Article 251 In the course of execution, if it is necessary to go through the formalities for the transfer of the relevant property right certificate, the people's court may issue a notice of assistance in execution to the relevant unit, which must do so.
Article 252 If the person subjected to execution fails to perform the act specified in the judgment, ruling or other legal documents according to the notice of execution, the people's court may enforce it or entrust the relevant unit or other person to complete it, and the expenses shall be borne by the person subjected to execution.
Article 253 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.
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.
Article 255 If the person subjected to execution fails to perform the obligations specified in the legal documents, the people's court may take or notify the relevant units to assist in taking other measures such as restricting his exit from the country, recording it in the credit information system, publishing the non-performance information through the media and other measures prescribed by law.
References:
People's Republic of China (PRC) Civil Procedure Law-China People's Congress Network