Question 2: What conditions need to be met to perform slewing? Hello, I'm glad to answer your question:
First, the original execution basis is being executed or has been executed. The original legal document has been completely or partially executed by the court, so there is a problem of execution rotation.
Second, the basis for execution is revoked or changed according to law. Only when the judgment, ruling and other legal documents on which the execution is based are really wrong and are revoked or changed by the people's court will the execution turn for the better. Because the correct execution basis will not lead to the reversal of execution after the execution is completed, and once the execution basis is wrong, the legal procedures are revoked or changed, and the rights and obligations determined in the execution basis lose their legal basis, then the court should protect the rights and interests of the legitimate parties according to law and restore the interests of the original executor to the original state. Here, the judgments, rulings and other legal documents revoked by the people's courts are limited to those made by the people's courts. Other legal documents that are required by law to be executed by the people's courts shall be revoked by the relevant authorities according to law, or may be executed upon the application of the parties.
Third, the new implementation basis is its premise.
Because the occurrence of execution program is based on execution, and execution is no exception. If the court wants to order the original creditor to return the property, it should be based on the implementation of the circular ruling. The original execution basis is revoked according to law, which only shows that the original execution basis is invalid and the original creditor cannot be forced to return the property. Therefore, according to the provisions of the Civil Procedure Law, the people's court shall make a ruling to cancel the execution, and then take this ruling as a new basis for execution, and order the original applicant to return the property or enforce it. Fourth, it only applies to the case that the original person subjected to execution obtained property. Article 109 of the implementing regulations restricts the "person who obtains property" in Article 2 10 of the Civil Procedure Law.
Question 3: What problems should be paid attention to in the implementation of rotation? Execution rotation is a very important system in the execution procedure, corresponding to the trial supervision procedure, and it is a relief measure for the applied executor. However, the implementation of rotation measures should be carefully taken in strict accordance with the law. Based on the practice of execution, the author analyzes the related problems of execution rotation in order to better apply this procedure and protect the legitimate rights and interests of the executed person. First, regarding the filing of execution reversal, this provision can be applied by the parties or by the people's court ex officio. Acting ex officio is a newly added rule. The reason why it can be brought ex officio is that the wrong consequence of this kind of execution is caused by the wrong judgment of the institution that made the original effective legal document, and we should emphasize actively correcting the improper execution caused by the wrong judgment. In my opinion, under what circumstances, similar to the situation of resuming execution after suspension, the case transferred for execution should be reversed ex officio. Because in this implementation, the people's court is active. According to the provisions of Article 275 of the Civil Procedure Law, if other legal documents are revoked by the relevant authorities, the principle of application by the parties shall be applied, and the people's court shall not rule on rotation according to its functions and powers. Two, the implementation of the ruling, the content should be strictly in accordance with the newly effective legal documents. Under normal circumstances, cases are tried in accordance with the procedure of trial supervision, and new legal documents are made while the original effective legal documents are revoked. The content of the newly effective legal document can completely negate the original legal document, or partially overturn the original legal document, while partially maintaining the original content. Therefore, the scope of execution revocation should be limited to the content revoked or overturned by the new legal document, not all the executed property. In addition, it should be clear that the execution of the revocation ruling has the same enforcement effect as other rulings made by the people's court in the execution procedure. Three. The object to be ordered to return the property stipulated in Article 109 of the Provisions on Several Issues concerning the Execution of the Work by People's Courts (Trial) is inconsistent with the terms in the Civil Procedure Law, and the term "the person who has obtained the property" in the Civil Procedure Law is clearly interpreted as "the original executor". It should not be understood that anyone else has acquired property. This is mainly aimed at such a situation: after the person subjected to execution has finished executing the application to the executor, the executor transfers the property to others, or sells the property to a third person by auction during the execution process, and the executor only obtains the price, or the executor directly executes the property from the original executor because he owes debts to others. Literally, the person who receives the property from the person subjected to execution, or the person who obtains the property through auction in the execution procedure, or other creditors who execute the creditor's rights according to the maturity date, is also the person who obtains the property. However, people other than the executor of the application cannot be regarded as the object of execution. The person who obtained the property of the original executor can only be understood as the original executor in the legal sense, and should not be other people who actually obtained the property. When performing rotation, the property cannot be returned from the person who obtained the property through the auction procedure or from the person who obtained the property through the transferee (of course, other people do not own the property, but only occupy the property instead of the original executor). Because if others buy from the original executor, the person who obtains the property from the original executor is still the original executor. If they bought it by auction, the buyer can only assume that it is completely in good faith, because he can't know that there are still problems in the court auction procedure, and the original legal documents will be overturned later. This is a necessary choice to safeguard the authority of court auction procedure and protect the interests of bona fide third parties. If the outsider has legal documents in favor of the original applicant, he may obtain the subject matter from the original person subjected to execution by executing the creditor's rights due to the original applicant. When the legal document between the original applicant and the original person subjected to execution is revoked, the rotation cannot be directly performed from the outsider. Because the outsider's acquisition of the original executor's property is based on the creditor's rights confirmed by the legal documents between the original applicant and the original executor, the original executor's performance to the outsider is essentially to pay off his debts to the original applicant, which should be regarded as the original applicant's acquisition of the original executor's property, and the original applicant can only request the return of the subject matter when the execution is revoked. If the original applicant can actually redeem the subject matter from the outsider (but has no legal right of redemption), he can return the original thing; If it cannot be redeemed, it can only be compensated at a discount. Four, "provisions on several issues concerning the implementation of the people's court (Trial)" in the second paragraph of article 109, the implementation of cases is a new provision. The essence of performing rotation is re-execution, > >
Question 4: Requirements of the implementation cycle Article 109 of the implementation regulations restricts the "person who obtains property" in Article 233 of the Civil Procedure Law.
Question 5: What are the requirements for the implementation of rotation? The judgment, ruling and conciliation statement on which the execution is based are revoked or changed, and the property under execution is restored to the state before execution.
Question 6: The reversal result of administrative execution means that after the execution of a civil case, part or all of the executed property is returned to the person subjected to execution for legal reasons, and the state before the execution procedure begins is restored. The reasons for revoking the execution are: after the execution is completed, the judgment, ruling and other legal documents on which it is based are indeed wrong and are revoked by the people's court; Other legal documents that are required by law to be executed by the people's courts shall be revoked by the relevant authorities according to law after the execution is completed. The people's court shall make a ruling of execution and order the person who obtained the property to return it.
Question 7: What does it mean for the court to decide to execute revocation? Explain that the execution is wrong, and we must reverse what has been executed!
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Question 8: What does it mean that the legal documents on which the applicant claims the right of execution are revoked or changed by the people's court during or after the execution? The original executing agency shall, in accordance with the provisions of Article 214 of the Civil Procedure Law, make an execution reversal ruling ex officio on the basis of the application of the parties or new legal documents, and order the original applicant to return the acquired property and its fruits to the state before the execution procedure begins. Because of this, the reversal of execution is very different from the general civil execution procedure in nature. The main purpose of the general civil execution procedure is to take compulsory measures against the debtor who refuses to perform his obligations, while the reversal of execution aims to correct the execution consequences caused by the wrong execution basis. Through the enforcement measures of the people's court, it is possible to recover the property losses caused by the wrong legal documents of the applicant for enforcement from the person subjected to execution, protect the legitimate rights and interests of the parties, and further ensure the justice and credibility of the judiciary. In practice, the relationship between creditor's rights and debts applicable to civil execution procedures is generally generated on the basis of voluntary transactions between the parties. In countries that implement bankruptcy system, the risk of debtor's bankruptcy is predictable for market participants, and accordingly, the risk of creditor's rights loss caused by the cessation of civil execution in bankruptcy is also predictable. Therefore, when they voluntarily choose to trade, they also voluntarily choose these risks. Moreover, before the debtor goes bankrupt, creditors still have various opportunities and means to avoid the losses caused by bankruptcy. In the execution of the circular procedure, even if the property losses are caused by mistakes in legal documents, the applicant executor can't choose or defend, and can't take self-protection measures before the debtor goes bankrupt. The rights and interests of the applicant in the execution turnover case are special, but how to protect their rights and interests in the bankruptcy case of the executed person is still lacking in the current law. In my opinion, it is extremely unfair to the applicants who execute circular cases if they regard the property of the applicants as the property of bankrupt enterprises and the applicants who execute circular cases as the applicants of general civil enforcement cases and ask them to participate in property distribution. The rights and interests of the applicant who executes the turnover case should be given priority protection in the bankruptcy procedure, and the bankruptcy procedure should be improved by legislation to protect it. Recently, the Executive Board of the Higher People's Court received a report from a trust and investment company in Beijing (hereinafter referred to as the trust company) that the company applied to the Second Intermediate People's Court to resume the execution of a supply and marketing transportation company in our city (hereinafter referred to as the transportation company) according to the effective judgment of the Supreme People's Court, but the Second Intermediate People's Court refused to resume the execution rotation on the grounds that the executed person had applied to the Higher People's Court for bankruptcy and asked the company to participate in bankruptcy distribution as an ordinary creditor. The trust company asked the executive board to urge the Second Intermediate People's Court to resume the rotation as soon as possible on the grounds that "the rotation is different from the general civil execution procedure and should not be restricted by the civil suspension procedure".
Question 9: Excuse me, Mr. Cha, what is executive rotation? After all or part of the execution is completed, because the execution basis is revoked according to law, it is a turning point to take measures to return the executed property to the person subjected to execution according to the new legal documents and restore the state before execution.
Deputy Director and Executive Deputy Webmaster of China College Students' Online Legal Aid Network of the Ministry of Education.
References: For more information, please refer to France. Legal advice. fabao365。
Question 10: Do I need to file a case to perform the turnaround? The proceedings are divided into acceptance, trial and execution stages.
Any case will not be enforced after the conclusion of the judgment, and the parties must apply for enforcement within the statutory time limit, that is, start the enforcement procedure and make a new enforcement ruling according to the new effective legal documents.