According to Article 224 of the Civil Procedure Law of People's Republic of China (PRC), 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.
Article 226 stipulates that if the people's court fails to execute the application for execution for more than six months from the date of receiving the application for execution, 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.
Extended data:
Case: refusing to execute the effective judgment of the court? Two defendants were sentenced.
On April 9, the Tiantai County People's Court of Taizhou concluded a case of refusing to execute the judgment and illegally disposing of the seized property.
20 13 was sued to the court for owing 200,000 yuan to others. This was originally just an ordinary civil dispute. The court decided to seal up an Audi car under the name of a mold company in Tiantai, which Zhou was directly responsible for. Zhou clearly knew that the car was still seized and secretly mortgaged it to the pawnshop at a price of 654.38+10,000 yuan, which made it impossible to recover the car after it was sold.
Zhou's ex-wife He is also a shareholder of this mold company. During the period from 20 13 to 20 17, the mold company, Zhou and He were sued by creditors and Cui respectively. After the judgment came into effect, there were still tens of millions of outstanding debts.
Last year, 65438+ 10/month 1 1, the mold company received relocation subsidy, 1.24 million yuan. Zhou and He knew that the company and I still had a large amount of loans outstanding in Tiantai Court, but they did not fulfill the effective court judgment first, but transferred and divided the compensation for demolition into several uninsued creditor accounts.
During the trial, the defendants Zhou and He argued that their financial resources were limited and they could not fully repay their debts, and their creditor's rights were equal. Therefore, paying off other personal debts instead of the debts determined by the court judgment does not constitute the crime of refusing to execute the judgment or ruling.
Tiantai court held that the authority of the law is beyond doubt, and refusing to execute the judgment or ruling not only infringes on the judicial authority, but also infringes on the rights of the obligee determined by the judgment or ruling.
After trial, Tiantai Court made the following judgment according to the nature of the defendant's crime, the circumstances of the crime and the performance of repentance: a mold company in Tiantai, the defendant unit, was guilty of refusing to execute the judgment and fined RMB200,000; The defendant Zhou was convicted of refusing to execute the judgment and sentenced to one year and six months in prison.
He committed the crime of illegally disposing of the seized property and was sentenced to six months in prison. He was sentenced to one year and eight months in prison with combined punishment. The defendant was sentenced to 10 months in prison for refusing to execute the judgment.
References:
China People's Congress Network-People's Republic of China (PRC) Civil Procedure Law
References:
People's Daily Online-Two defendants were sentenced for refusing to execute the effective judgment of the court.