Zazie Hoko
There is another name for applying for court enforcement, one is non-litigation enforcement, and the other is litigation enforcement. Litigation execution is the effective judgment of the court, and the execution here is some specific actions made by the administrative organs, not the result of litigation execution, not the effective judgment document, so it is non-litigation execution.
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Of course, sometimes the court will allow the power of self-enforcement. Then there are four applicable conditions for applying for court administrative enforcement: 1. The applicant is an administrative organ that has not been granted the right of self-enforcement or is allowed to apply for enforcement at the same time. 2. The parties neither review nor bring a lawsuit within the statutory time limit, and of course it has no enforcement effect during this period. 3. Of course, it is very obvious that the parties have not fulfilled the obligation of effective administrative determination.
Zazie Hoko
The fourth point should be noted. Before applying to the court for compulsory execution, the administrative organ shall send a reminder to the parties to urge them to consciously implement the administrative decision. If the parties still fail to perform their obligations after 10, the administrative organ may apply to the court for compulsory execution. In other words, there is still a waiting period of 10 days before enforcement.
Zazie Hoko
Then the application also has relevant regulations. The application period is within three months after the expiration of the statutory administrative relief period, that is, within three months after the expiration of six months. During this period, you can apply to the court for enforcement. Another thing to note is the application materials. They are the facts, reasons and basis of application for execution, administrative judgment and decision. And to listen to the opinions of the parties, pay attention to the administrative organ's dunning, and the subject matter of the application for enforcement and other materials.
Zazie Hoko
Accepted, three points. There are three points to be noted when accepting this place, which are related to the competent court. In principle, it shall be under the jurisdiction of the basic court where the applicant is located. This is a rule based on the principle of proximity and convenience. Of course, because the court has to review the relevant materials when applying for enforcement, it is arbitrary to be the court where the parties are located. Secondly, if the object of execution is real estate, it will be under the jurisdiction of the grassroots court where the real estate is located, also for convenience. Another exception is that if the grass-roots courts think it is difficult to enforce the law, they can report the situation to their superiors, and the intermediate people's courts can enforce it. Finally, it can be decided by a higher court or a lower people's court.
Zazie Hoko
At this time, the court began to accept. The principle of acceptance is that the court should accept the application for compulsory execution within 5 days after receiving it from the administrative organ, which is time-limited. Another important issue is that if an administrative organ disagrees with the court's decision not to accept it, the relevant administrative organ may apply to the people's court at the next higher level for reconsideration within 15 days, and the people's court at the next higher level shall make a ruling on whether to accept it within 15 days from the date of receiving the application.
Zazie Hoko
The relevant contents of the formal review of the review ruling are written reviews, and an execution ruling shall be made within 7 days from the date of acceptance. Basically, we only look at the materials, including whether the administrative organ applies within the statutory time limit, whether the materials are complete, whether the court has relevant jurisdiction, whether the materials are obviously flawed, or inconsistent with the facts, or damage the legal situation of the person subjected to execution, which is obviously illegal.
Zazie Hoko
If the formal examination finds that there are obvious violations of the law, it will be turned into a substantive examination, and the opinions of the person subjected to execution and the administrative organ shall be listened to, and the court shall make a ruling on whether to implement it within 30 days from the date of acceptance. When the ruling is not executed, the reasons shall be explained and the results shall be served to the administrative organ within 5 days. At this time, if the administrative organ still has objections, it may apply to the people's court at the next higher level for reconsideration again, and the court shall make a ruling within 30 days from the date of receiving the application.