Third, the implementation of the program
10, Article 210 (former Article 207) The civil judgments and rulings that have become legally effective, as well as the property portion of criminal judgments and rulings, shall be enforced by the People's Court of the first instance, or by the people's court at the same level as the People's Court of the first instance, the location of the property to be enforced.
Other legal instruments prescribed by law to be enforced by the people's courts shall be enforced by the people's courts of the place of residence of the executed person or the place where the property to be enforced is located.
11, Article 202 parties, interested parties that the implementation of the act violates the provisions of the law, may submit written objections to the people's court responsible for the implementation of the people's court. Parties, interested parties to file a written objection, the people's court shall, within fifteen days from the date of receipt of the written objection to review the reasons for the establishment of the decision to revoke or correct; the reasons are not established, the decision to reject. If the parties and interested parties are not satisfied with the ruling, they may apply for reconsideration to the people's court of a higher level within ten days from the date of delivery of the ruling.
12, Article 203 The people's court from the date of receipt of the application for execution for more than six months has not been implemented, the applicant may apply to the people's court of a higher level for execution. The people's court at the next higher level may, upon examination, order the original people's court to execute within a certain period of time, or may decide to execute by this court or direct other people's courts to execute.
13, Article 204 (former Article 208) In the course of implementation, the outsider of the implementation of the subject matter of the written objections, the people's court shall, within fifteen days from the date of receipt of the written objections, in accordance with the statutory program for review. If the grounds are not established, a ruling shall be made to suspend the execution of the subject matter to dismiss; if the grounds are not established, a ruling shall be made to dismiss. If an outsider or a party to the case is not satisfied with the ruling and believes that the original judgment or ruling is wrong, the president shall approve the suspension of execution. If it is found that the judgment, ruling is wrong, according to the trial supervision program in accordance with the Office to deal with; with the original judgment, ruling has nothing to do with, can be from the date of delivery of the ruling to the people's court within fifteen days of the lawsuit.
14, Article 205 (former Article 209) The execution is carried out by the executive.
When taking enforcement measures, the enforcer shall show his credentials. After the execution is completed, the execution shall be made a transcript of the situation, signed or stamped by the relevant persons present. Basic people's courts and intermediate people's courts may set up executive agencies as needed. The duties of the executive body shall be prescribed by the Supreme People's Court.
The people's courts may establish executive agencies as needed.
15. Article 215 (former Article 219) The period of time for applying for execution shall be two years, and the suspension or interruption of the application for execution shall be governed by the provisions of the law relating to the suspension or interruption of the statute of limitations.
The period specified in the preceding paragraph shall be calculated from the last day of the period of performance specified in the legal instrument; if the legal instrument does not specify the period of performance in installments, it shall be calculated from the last day of the period of performance specified in each of the periods of performance for which the legal instrument has entered into force.
16, Article 216 (former Article 220) The executor receives the application for execution or transfer of execution, shall issue a notice of execution to the executor, and order him to perform within the specified period, and if he fails to do so, he shall carry out the execution compulsorily.
If the executor fails to fulfill the obligations determined in the legal instrument, and there is a possibility of concealment or transfer of property, the executor may immediately take enforcement measures.
17, Article 217 The executor fails to fulfill the obligations determined by the legal instrument in accordance with the notice of execution, shall report the current as well as one year prior to the date of receipt of the notice of execution of the property situation. If the executed person refuses to report or false report, the people's court may, according to the severity of the circumstances, the executed person or his legal representative, the main person in charge of the unit concerned or the person directly responsible for the fine, detention.
18, Article 231 The executed person does not fulfill the obligations determined by legal documents, the people's court may take or notify the relevant units to assist in taking the restriction of exit, record in the credit system, through the media to publish information on the failure to fulfill their obligations, as well as other measures provided for by law.
Fourth, Chapter XIX of the enterprise legal person bankruptcy debt repayment program, amended to delete all.
The Fourth Plenary Session of the rule of law in the courts to enforce what new initiatives Establishment of a major decision-making legitimacy review of the lifelong accountability system
Leading cadres to intervene in the judicial meddling in the case will be held accountable
Promote the coverage of urban and rural residents of the construction of public **** legal service system
Judges and prosecutors can be recruited from lawyers and legal experts
The effectiveness of the rule of law construction into the performance appraisal index system
What is the content of the new Civil Procedure Law regarding the implementation of the part of thePart III Enforcement Program
Chapter 19 General Provisions
Article 201 The legally effective civil judgments and rulings, as well as the property portion of criminal judgments and rulings, shall be enforced by the People's Court of First Instance, or by the people's court of first instance or by the people's court of same level as the People's Court of First Instance where the property is being enforced. People's Court where the property is located.
Other legal documents prescribed by law to be enforced by the people's court shall be enforced by the people's court at the place of residence of the executed person or at the place of the property to be enforced.
Article 202 Where a party or an interested party considers that an act of execution violates the provisions of the law, he or she may file a written objection with the people's court responsible for execution. The party, the interested party to file a written objection, the people's court shall, within fifteen days from the date of receipt of the written objection to review the reasons for the establishment of the decision to revoke or correct; the reasons are not established, the decision to reject. If the parties or interested parties are not satisfied with the ruling, they may apply for reconsideration to the people's court at a higher level within ten days from the date of delivery of the ruling.
Article 203 The people's court from the date of receipt of the application for execution for more than six months has not been implemented, the applicant may apply to the people's court of a higher level for execution. The people's court at the next higher level may, upon examination, order the original people's court to execute within a certain period of time, or may decide to execute by this court or direct other people's courts to execute.
Article 204 In the course of implementation, the outsider of the subject matter of the implementation of the written objections, the people's court shall, within fifteen days from the date of receipt of the written objections to the review, the reasons for the establishment of a ruling to suspend the implementation of the subject matter; the reasons are not established, the ruling is rejected. Outsiders, the parties to the ruling, that the original judgment, ruling errors, in accordance with the trial supervision program; not related to the original judgment, ruling, can be served within fifteen days from the date of the ruling to the people's court.
Article 205 The execution is carried out by the executive.
When taking enforcement measures, the enforcer shall show his credentials. After the completion of the implementation, the implementation of the situation shall make a transcript, signed or stamped by the relevant persons present.
The people's courts may establish executive agencies as needed.
Article 206 The executed person or the property to be executed in a foreign country, the local people's court can be entrusted to execute on behalf of the local people's court. The people's court entrusted with the receipt of the entrustment letter, must within fifteen days to start the implementation, and shall not be refused. After the execution is completed, the results of the execution shall be timely letter to the entrusted people's court; within thirty days if the execution has not been completed, it shall also be the execution of the letter to the entrusted people's court.
If the entrusted people's court does not carry out the execution within fifteen days from the date of receipt of the entrusted letter, the entrusted people's court may request the higher people's court of the entrusted people's court to direct the entrusted people's court to carry out the execution.
Article 207 In the implementation of the parties to reach an agreement on their own settlement, the executive shall record the agreement in the transcript, signed or sealed by both parties.
A party does not fulfill the settlement agreement, the people's court may, on the basis of the application of the other party, to resume the implementation of the original legal instrument in force.
Article 208 In the implementation, the executed person to the people's court to provide security, and with the consent of the executor of the application, the people's court may decide to suspend the execution and the period of suspension of execution. If the executed person still fails to perform after the deadline, the people's court shall have the right to execute the property secured by the executed person or the property of the guarantor.
Article 209 If a citizen dies as the executor, the debt shall be repaid by his estate. If a legal person or other organization as the executor is terminated, the bearer of its rights and obligations to perform their obligations.
Article 210 After the completion of the execution, according to the execution of the judgment, rulings and other legal instruments are really wrong, the people's court revoked, the people's court shall make a ruling on the property that has been executed, the people's court shall order the person who acquired the property to return it; refused to return it, mandatory execution.
Article 211 The provisions of this Part shall apply to the execution of conciliation documents produced by the people's courts.
Answer Supplement Chapter 20 Application and Transfer of Execution
Article 212 A civil judgment or ruling that has become legally effective must be fulfilled by the parties. If one party refuses to fulfill, the other party may apply to the people's court for execution, or the trial judge may be transferred to the executor for execution.
Conciliation and other legal instruments that should be implemented by the people's court, the parties must fulfill. If one party refuses to fulfill, the other party may apply to the people's court for execution.
Article 213 If a party fails to fulfill an award of an arbitration institution established by law, the other party may apply to a people's court with jurisdiction for enforcement. The people's court to which the application is made shall enforce it.
If the respondent submits evidence to prove that the arbitral award has one of the following circumstances, the people's court shall form a collegial panel to examine and verify, and rule that the award shall not be enforced:
(1) the parties did not have arbitration clauses in the contract, or did not reach a written agreement on arbitration afterward;
(2) the award does not fall within the scope of the agreement on arbitration, or the arbitration institution does not have the power to arbitrate;
(3) the composition of the arbitral tribunal or the arbitration procedure violates the statutory procedure;
(4) the main evidence for the determination of the facts is insufficient;
(5) there is an error in the application of law;
(6) the arbitrators have committed acts of corruption and bribery, favoritism and malpractice, and perverted the law in the arbitration of the case.
The answer is too much, not enough words, you go directly to see the Civil Procedure Law, the third part of the answer is on the implementation of the answer is added due to the word problem, you can re-question, I will send you the difference
According to the old Civil Procedure Law, the end of the execution of the case can be resumed according to the new Civil Procedure Law executioncan be resumed. The court should be organized to "restore" the implementation of the case, re-executed.
Legal basis: "the supreme people's court on the implementation of the case of filing, closing a number of issues of opinion" article 6: the following cases, the people's court shall be in accordance with the resumption of the implementation of the case to be filed:
(a) the applicant for the implementation of the fraudulent, duress and the executor of the settlement agreement reached with the executor to apply for resumption of the implementation of the original effective legal instrument;
(b) a party to the case, the people's court shall resume implementation of the original effective legal instrument. (B) a party does not fulfill or incomplete fulfillment of the implementation of the settlement agreement, the other party to apply for resumption of the implementation of the original legal instruments in force;
(C) the implementation of the implementation of the case by ruling to end the implementation of the program way to close the case, such as found that the executor of the property available for execution, the applicant for execution or the people's court ex officio resumption of execution;
(D) implementation of the implementation of the case by entrusting the execution of (D) the implementation of the case for the commissioning of the execution of the case, after the conclusion of the case, the commission was improperly commissioned by the court that has been entrusted to return the commission;
(E) in accordance with the provisions of Article 257 of the Civil Procedure Law and the end of the execution of the case, the application for implementation of the conditions, the applicant for execution, applying for resumption of the execution of the case.
The latest Civil Procedure Law Judicial Interpretation and the latest Civil Procedure Law is the same
Hello, of course not, just the judicial interpretation of the Civil Procedure Law is specific to clarify part of the content, so that it is more scientific, more convenient to carry out the operation.
I have a judgment of 2007, is it according to the original Civil Procedure Law, or according to the new Civil Procedure Law?
If the application for enforcement is pending, of course, it can be handled in accordance with the new law.
The new Civil Procedure Law implementation timeJuly 1, 1979, the Fifth National People's Congress, adopted at the Second Session, according to March 17, 1996, the Eighth National People's Congress, the Fourth Session of the "on the revision of the (Chinese People's **** and the State of Criminal Procedure Law) of the decision to amend the". The Decision on Amending (the Criminal Procedure Law of the People's Republic of China) was promulgated on March 17, 1996 and came into force on January 1, 1997. The Regulations of the People's Republic of China on Arrest and Detention, the Decision of the Standing Committee of the National People's Congress on the Program for Prompt Trial of Criminals Who Seriously Endanger Public Order, and the Supplementary Provisions of the Standing Committee of the National People's Congress on the Time Limit for Handling Criminal Cases were repealed at the same time.
When the new Civil Procedure Law came into force1, "Chinese people *** and the National Civil Procedure Law" is based on the Constitution, combined with China's experience in civil trial work and the actual situation of the formulation of the fourth session of the seventh session of the National People's Congress on April 9, 1991, since the date of promulgation of the implementation of the fourth session of the seventh session of the National People's Congress on April 9, 1991, the fourth session of the National People's Congress adopted. April 9, 1991 the Chinese people's *** and the State President Decree No. 44 published, from the date of publication shall come into force.
2, October 28, 2007, the tenth session of the Standing Committee of the National People's Congress adopted at its thirtieth meeting of the "decision on amending the Chinese people's *** and the National Code of Civil Procedure", from April 1, 2008 shall come into force.
3. August 31, 2012, the Standing Committee of the National People's Congress of the twenty-eighth meeting of the eleventh session of the National People's Congress voted on the decision of the Standing Committee of the National People's Congress on the amendment of the Civil Procedure Law, since January 1, 2013 shall come into force.
What time is the implementation of the new Civil Procedure LawHello
The current Civil Procedure Law was promulgated in 91 years, and revised once in 07 years.
And again this year.
Eleventh Chinese People's **** and State Presidential Decree No. 59 .
The Decision of the Standing Committee of the National People's Congress on Amending the Chinese People's **** and National Code of Civil Procedure has been adopted by the Standing Committee of the Eleventh National People's Congress of the People's Republic of China at its twenty-eighth meeting on August 31, 2012, and is hereby promulgated, to come into force as of January 1, 2013 .
I hope you can help
How to understand the new Civil Procedure Law interpretation of the provisions on the implementation ofThe Supreme People's Court on the application of the Chinese People's *** and the National Civil Procedure Law on the implementation of the program of a number of issues:
In order to timely and effective implementation of the effective legal instruments in accordance with the law, and to safeguard the lawful rights and interests of the parties, according to the October 2007 amended the Chinese People's *** and National Civil Procedure Law (hereinafter referred to as the Civil Procedure Law), combined with the actual implementation of the work of the people's courts, the implementation of the program on a number of issues in the application of the law to make the following explanations:
Article 1 the applicant for the execution of the people's court to the location of the property to be executed, shall provide the people's court jurisdiction of property available for execution of the documents.
Article 2 For an execution case over which two or more people's courts have jurisdiction, the people's court shall not repeat the filing of the case if it finds that other people's courts with jurisdiction have already filed the case before filing the case.
After filing the case and found that the other people's court with jurisdiction has already filed, the case shall be withdrawn; has taken enforcement measures, the property under control shall be handed over to the enforcement court that filed the case first.
Article 3 The people's court accepts the application for execution, the parties have objections to the jurisdiction, shall be raised within ten days from the date of receipt of the notice of execution.
The people's court shall examine the objections raised by the parties. If the objection is established, it shall withdraw the execution of the case, and inform the parties to the people's court with jurisdiction to apply for execution; objection is not established, the ruling is rejected. If the party is not convinced of the ruling, it may apply for reconsideration to a higher people's court.
During the review and reconsideration of jurisdictional objections, the execution shall not be stopped.
Article 4 In cases where the people's court has taken measures to preserve property, and the applicant for enforcement applies to a people's court with jurisdiction other than the people's court that has taken measures to preserve, the people's court that has taken the measures to preserve shall hand over the preserved property to the enforcement court for disposal.
Article 5 In the course of execution, the parties and interested parties that the execution of the execution court's execution violates the provisions of the law, may object in accordance with the provisions of Article 202 of the Civil Procedure Law.
The enforcement court to examine and deal with the implementation of the objection, shall make a ruling within fifteen days from the date of receipt of the written objection.
Article 6 The parties and interested parties shall apply for reconsideration in accordance with the provisions of Article 202 of the Civil Procedure Law, shall be in writing.
Article 7 The written materials of the parties and interested parties applying for reconsideration can be forwarded through the enforcement court, or submitted directly to the people's court at a higher level of the enforcement court.
Upon receipt of the application for reconsideration, the enforcement court shall, within five days, report the materials of the case file required for reconsideration to the people's court of the next higher level; upon receipt of the application for reconsideration, the people's court of the next higher level, it shall notify the enforcement court of the materials of the case file required for reconsideration to be reported within five days.
Article 8 The people's court at a higher level shall form a collegial panel to review the application for reconsideration by the parties and interested parties.
Article 9 The parties and interested parties shall apply for reconsideration in accordance with the provisions of Article 202 of the Civil Procedure Law, the people's court of the next higher level shall, within thirty days from the date of receipt of the application for reconsideration, complete the examination and make a ruling. If there are special circumstances that require an extension, with the approval of the President of the Court, it may be extended, and the extension shall not exceed thirty days.
Article 10 During the period of examination and reconsideration of execution objections, the execution shall not be stopped.
If the executed person or interested party provides sufficient and effective security to request the cessation of the corresponding disposal measures, the people's court may grant permission; if the applicant for execution provides sufficient and effective security to request the continuation of execution, the execution shall continue.
Article 11 In accordance with the provisions of Article 203 of the Civil Procedure Law, in any of the following cases, the people's court at a higher level may, on the basis of the application of the applicant for enforcement, order the enforcement court to enforce the execution within a certain period of time, or change the enforcement court:
(1) The creditor applies for enforcement when the executed person has property available for enforcement, and the enforcement court has failed to complete the execution of the property more than six months from the date of receipt of the application for enforcement;
(2) the enforcement court has failed to complete the execution of the property. (B) the execution process found the executor's property available for execution, the execution court from the date of discovery of the property for more than six months on the property has not been completed;
(C) the implementation of the legal instrument determined by the behavioral obligations, the execution court from the date of receipt of the application for execution for more than six months has not been taken in accordance with the law to implement the corresponding measures;
(D) other conditions for the implementation of more than six months without implementation.Article 12 The people's court at a higher level in accordance with the provisions of Article 203 of the Civil Procedure Law ordered the execution of the court within a certain period of time, it shall issue an order to urge the execution of the order, and notify the applicant in writing of the relevant information.
If the people's court of the next higher level decides that the court shall execute or directs other people's courts of the jurisdiction to execute, it shall make a ruling, serve it on the parties and notify the people's court concerned.
Article 13 The people's court at the next higher level shall order the execution court to execute within a certain period of time, and if the execution court fails to complete the execution within the designated period of time without any justifiable reasons, the people's court at the next higher level shall decide that the execution shall be carried out by this court or direct the execution by other people's courts of this jurisdiction.
Article 14 The six-month period stipulated in Article 203 of the Civil Procedure Law shall not be counted as the period of announcement, appraisal and evaluation, jurisdiction dispute handling, coordination of execution disputes, suspension of execution and suspension of execution.
Article 15 Where an outsider claims ownership of the subject matter of the execution or has other substantive rights sufficient to prevent the transfer or delivery of the subject matter of the execution, he or she may, in accordance with the provisions of Article 204 of the Civil Procedure Law, file an objection with the execution court.
Article 16 The people's court shall not dispose of the subject matter of execution during the period of review of the objection of the outsider.
If the outsider provides sufficient and effective security to the people's court to request the lifting of the seizure, detention or freezing of the subject matter of the objection, the people's court may grant permission; if the applicant for execution provides sufficient and effective security to request the continuation of the execution, the execution shall continue.
Because the outsider to provide security to lift the sealing, seizure, freezing error, resulting in the subject matter can not be executed, the people's court may directly execute the secured property; the applicant for the execution of the request for the continuation of the execution of the security error, the other party shall be compensated for the losses incurred.
Article 17 The outsider files a lawsuit in accordance with the provisions of Article 204 of the Civil Procedure Law, the subject matter of the execution of the substantive rights, and request for the execution of the subject matter of the execution of the request to stop, the applicant shall be the defendant; the executor opposes the subject matter of the execution of the outsider of the substantive rights of the applicant shall be the execution of the executor and the executor of the same defendant as the ****.
Article 18 Where an outsider files a lawsuit in accordance with the provisions of Article 204 of the Civil Procedure Law, the enforcement court shall have jurisdiction.
Article 19 The outsider files a lawsuit in accordance with the provisions of Article 204 of the civil procedure law, the enforcement court shall hear the case in accordance with the program. After hearing, if the reasons are not established, the court shall reject the litigation request; if the reasons are established, the court shall make a corresponding decision according to the litigation request of the outsider.
Article 20 Where an outsider files a lawsuit in accordance with the provisions of Article 204 of the Civil Procedure Law, the execution shall not be suspended during the lawsuit.
If the litigation claim of the outsider is justified or provides sufficient and effective security to request the suspension of execution, it can be ruled to stop the disposal of the subject matter of the execution; if the applicant provides sufficient and effective security to request the continuation of the execution, the execution shall be continued.
The outsider request to stop the execution, request to lift the seizure, detention, freezing or the applicant for the execution of the request for the continuation of the execution of an error, causing losses to the other party, shall be compensated.
Article 21 The applicant for enforcement in accordance with the provisions of Article 204 of the Civil Procedure Law to file a lawsuit, the request for permission to execute the subject matter of the execution, shall be the outsider as the defendant; the executor opposes the applicant's request for the executor, the outsider and the executor shall be the **** the same defendant.
Article 22 Where the applicant executor files a lawsuit in accordance with the provisions of Article 204 of the Civil Procedure Law, the execution court shall have jurisdiction.
Article 23 The people's court in accordance with the provisions of article 204 of the civil procedure law, the people's court shall decide to suspend the execution of the subject matter of the objection, the applicant for the execution of the ruling from the date of delivery of the applicant has not filed a lawsuit within fifteen days, the people's court shall rule to lift the execution measures that have been taken.
Article 24 The applicant for enforcement in accordance with the provisions of Article 204 of the Civil Procedure Law, the enforcement court shall hear the case in accordance with the litigation program. After hearing, if the reasons are not established, the court shall reject the claim; if the reasons are established, the court shall make a corresponding decision according to the claim of the applicant.
Article 25 More than one creditor to the same executor to apply for execution or the execution of the property application to participate in the distribution, the enforcement court shall make a property distribution program, and sent to the creditors and the executor. Creditors or executors have objections to the distribution plan, shall, within fifteen days from the date of receipt of the distribution plan to the enforcement court to submit written objections.
Article 26 If the creditor or the executed person files a written objection to the distribution plan, the enforcement court shall notify the creditor or the executed person who has not filed an objection.
If the creditor or the executor who has not objected does not raise any objection within fifteen days from the date of receipt of the notice, the enforcement court shall review and amend the distribution plan according to the objector's opinion and distribute it; and if an objection is raised, the objector shall be notified. The objector may, within fifteen days from the date of receipt of the notice, with the objecting creditor, the executor as the defendant, to the enforcement court; the objector has not filed a lawsuit, the enforcement court in accordance with the original distribution plan for distribution.
If the distribution is made during the litigation, the enforcement court shall deposit the amount corresponding to the amount of the disputed claim.
Article 27 Within the last six months of the period of limitation for the application for execution, if the right to claim cannot be exercised due to force majeure or other obstacles, the period of limitation for the application for execution shall be suspended. From the date of elimination of the reason for suspension of the limitation period, the period of limitation for the application for execution shall continue to be calculated.
Article 28 The limitation period for the application for execution is interrupted by the application for execution, the parties reaching a settlement agreement, or one of the parties making a request for performance or agreeing to perform the obligation. From the time of interruption, the period of limitation for application for execution shall be recalculated.
Article 29 If the effective legal instrument stipulates that the debtor has the obligation of inaction, the period of limitation for application for execution shall be calculated from the date when the debtor violates the obligation of inaction.
Article 30 If the enforcer takes immediate enforcement measures in accordance with the provisions of Article 216 of the Civil Procedure Law, the enforcer may transmit the enforcement notice at the same time or within three days from the date of taking enforcement measures.
Article 31 The people's court in accordance with the provisions of Article 217 of the Civil Procedure Law shall order the executed person to report the property, it shall issue an order to report the property. The order to report property shall specify the scope of the reported property, the period of the reported property, the legal consequences of refusing to report or false reporting.
Article 32 The executed person shall, in accordance with the provisions of Article 217 of the Civil Procedure Law, report in writing the following property:
(1) income, bank deposits, cash, securities;
(2) land use rights, houses and other immovable property;
(3) means of transportation, machinery, products, raw materials and other movable property;
(4) the property of the executed person shall be reported in writing. p>
(D) Debt, equity, investment interests, funds, intellectual property rights and other property rights;
(E) Other property that should be reported.
The executed person from the day before the date of receipt of the notice of execution of one year to the current change in property, the change shall be reported.
The executor in the report of property during the fulfillment of all debts, the people's court shall rule to end the reporting program.
Article 33 After the executor reports the property, changes in the property situation, affecting the realization of the claims of the person applying for execution, it shall make a supplementary report to the people's court within ten days from the date of the change in property.
Article 34 of the property reported by the executor, the applicant for enforcement of the request for inquiry, the people's court shall allow. The applicant for the execution of the inquiry of the property of the executor, shall be kept confidential.
Article 35 of the property reported by the executor, the enforcement court may apply for enforcement of the application or ex officio investigation and verification.
Article 36 In accordance with the provisions of Article 231 of the Civil Procedure Law, the executor shall submit a written application to the enforcement court; if necessary, the enforcement court may decide ex officio.
Article 37 If the executor is a unit, the legal representative, the main person in charge or the person directly responsible for affecting the fulfillment of the debt may be restricted from leaving the country.
The executor is an incapable person or a person with limited capacity for civil behavior, the legal representative may be restricted from leaving the country.
Article 38 During the period of restriction on departure, the executed person to fulfill all the debts determined by the legal instrument, the enforcement court shall promptly lift the restriction on departure; the executed person to provide adequate and effective security or the consent of the applicant for the execution of the restriction on departure measures can be lifted.
Article 39 In accordance with the provisions of Article 231 of the Civil Procedure Law, the enforcement court may, ex officio or on the application of the applicant, publish information on the non-performance of the executed person's obligations as determined by the legal instrument through the media such as newspapers, radio, television and the Internet.
The costs of the media announcement shall be borne by the executor; the applicant for the execution of the application for publication in the media, shall advance the relevant costs.
Article 40 The judicial interpretations published by the Court before the implementation of this interpretation are inconsistent with this interpretation, this interpretation shall prevail.