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 makes 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.
Extended data
If other units and individuals hold the property that has been applied for execution, and the people's court notifies them in writing to assist in execution, they have the obligation to execute it in accordance with the provisions of the notice. Where there is no reason to shirk, refuse or obstruct the implementation, resulting in serious consequences, the relevant units and individuals should bear legal responsibility.
Legal documents are also called executive documents. The execution of the people's court shall be based on legal documents. The following legal documents are legally binding: civil judgments, rulings and conciliation statements; Criminal judgments and rulings with property enforcement content; Arbitration documents that are stipulated by law to be executed by the people's courts; A notarized document that is required by law to be executed by the people's court; Other legal documents provided by law to be executed by the people's court.
These legal documents must have legal effect, and those without legal effect cannot be used as the basis for implementation; Legal documents should also have the content of payment. If you just confirm or change the legal relationship, you don't need to implement it.
Statutory time limit Article 215 The time limit for applying for execution is two years. Where an application is made for suspension or interruption of the limitation of execution, the relevant provisions of the law on suspension or interruption of the limitation of action shall apply.
The cash obtained from the compulsory execution of the respondent's property in the liquidation order shall be paid off in time. If there are more than one applicant, the executors of the people's court shall distribute them in accordance with the legal liquidation order, and shall not adopt the method of equal distribution. The order is: First, repay the salary and living expenses owed to the applicant; Second, repay the taxes owed to the country; Then pay off other debts.
First satisfy the creditor's rights of the applicant in the previous order, and then satisfy the creditor's rights of the applicant in the latter order. If all applicants' requirements cannot be met in the same repayment order, they will be distributed according to the proportion of their claims. The debtor shall repay the outstanding creditor's rights in the future.
The compulsory execution fee is a fee (execution fee), which is charged according to the standard of legal fees. Before applying for compulsory execution, the court will not charge the applicant, and after the execution is completed, the person subjected to execution will pay the court. The execution fee shall be turned over to the state treasury.
If there is an effective civil judgment, ruling or conciliation statement, the property on it. Interest must be calculated, generally 2. 1%*2 times. According to Article 229 of the Civil Procedure Law, the interest shall be doubled.
Pay attention to safety law enforcement, which will generally cause some hatred. The applicant should try not to meet the person subjected to execution, and it is best to entrust a lawyer.
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