Notice of Rights and Obligations in Administrative CasesLegal Subjectivity: In modern society, various social frauds and legal issues emerge in endlessly. Faced with the vast sea of ??legal provisions

Notice of Rights and Obligations in Administrative CasesLegal Subjectivity: In modern society, various social frauds and legal issues emerge in endlessly. Faced with the vast sea of ??legal provisions, it is difficult for us to master all the knowledge. There is one The common knowledge point is the sample reminder letter of the rights, obligations and responsibilities of the person subject to execution. I hope it can be helpful to everyone facing related problems. Sample Notification of the Rights, Obligations and Responsibilities of the Person Subject to Execution** People's Court - Notice of Notification of the Rights, Obligations and Responsibilities of the Person Subject to Execution In order to ensure that effective legal documents can be executed and maintain the authority of the law, the person subject to execution is now The rights and obligations are as follows: Rights of the person subject to execution: 1. Apply for the right to withdraw. If the person subject to execution believes that the judge or clerk handling the case has any of the following circumstances, he has the right to apply for recusal orally or in writing: (1) He is a party to the case or a close relative of a party or agent; (2) He or she is related to the case. Interested; (3) Having other relationships with the parties to the case, which may affect the fair execution of the case. If the person applying for execution applies for recusal, he shall explain the reasons. During the period from the beginning of the execution of the case to the end of the execution of the case, the people's court shall decide whether to withdraw. 2. The right to apply for enforcement of due claims. If the person subject to execution is unable to perform due debts but has due creditor's rights against a third party, he may apply to the People's Court to enforce the due creditor's rights. The people's court may decide based on the circumstances whether to issue a notice of performance of due creditor's rights to a third party, and the third party may raise objections to the performance of due creditor's rights. 3. Execute the right of reconciliation. During the execution process, you can voluntarily reach a settlement agreement with the other party to change the subject of the performance obligation, the subject matter and its amount, the performance period and the method of performance specified in the effective legal document. The content of the settlement agreement must be legal and valid. If the person applying for execution reaches a settlement agreement with the person subject to execution by means of fraud or coercion, or the parties fail to perform the settlement agreement, the people's court may resume execution of the original effective legal document based on the application of the party. 4. Execute the right to object. If the person subject to execution believes that the execution violates legal provisions, he may submit a written objection to the people's court responsible for execution. 5. Apply for the right of reconsideration. If the person subject to execution is dissatisfied with the fine or detention decision made by the People's Court, he may apply for reconsideration once to the People's Court at the next higher level. Execution shall not be suspended during the period of reconsideration. Obligations of the person subject to execution 1. Perform the obligations specified in the effective legal documents. Obligations determined by effective legal instruments must be automatically fulfilled. Failure to perform within the time limit shall be enforced by the People's Court. And the person subject to execution shall comply with the provisions of Article 253 of the Civil Procedure Law of the People's Republic of China and the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Calculation of Debt Interest During the Delayed Performance Period in Execution Procedures. Bear the interest on the debt during the period of delayed performance. 2. The obligation to truthfully declare property. The person subject to execution shall truthfully declare his property status currently and one year before the date of receipt of the execution notice. After the person subject to execution declares his property, if the property status changes and affects the realization of the creditor's rights of the person applying for execution, the person subject to execution shall make a supplementary declaration to the people's court within ten days from the date of the change of property. For those who refuse to report or make false reports, the people's court may, depending on the severity of the case, fine or detain the person subject to execution, the principal person in charge of the relevant unit or the person directly responsible. 3. The obligation to accept inquiries from the People’s Court. If the person subject to execution or the legal representative or responsible person of the person subject to execution who must go to the People's Court for questioning refuses to appear in court without justifiable reasons after being summoned twice, the People's Court may detain or summon him. 4. Obligation to accept execution by the People's Court in accordance with the law. The people's court must unconditionally cooperate with and accept the enforcement by the people's court in accordance with the law. If it refuses to cooperate, the people's court may impose a fine or detain the person subject to execution, the main person in charge of the relevant unit or the directly responsible person according to the seriousness of the case. 5. Obligation to bear relevant execution costs. If the person subject to execution fails to perform his obligations, he shall bear the execution fees of the application for enforcement case and the actual expenses incurred in the execution; if the person subject to execution fails to perform the acts specified in the judgment, ruling or other legal documents in accordance with the execution notice, the people's court may enforce the execution, or Relevant units or other persons may be entrusted to complete the execution, and the costs shall be borne by the person subject to execution. Responsibility reminder: 1. If the person subject to execution has any of the following circumstances, the people's court may impose a fine or detain him in accordance with the provisions of the Civil Procedure Law; if a crime is constituted, the person shall be transferred to the relevant authorities for criminal liability investigation. (1) Concealing, transferring, selling, or destroying property that has been sealed, detained, counted, and ordered to be kept, as well as property guaranteed by the people's court; (2) Transferring frozen property; (3) Concealing or transferring property after the legal document takes effect , selling or destroying property, making it impossible for the People's Court to enforce the law; (4) deliberately tearing up the People's Court's enforcement notice or seal; (5) obstructing the People's Court's execution of documents; (10) after the enforcement case is concluded, the subject matter of the enforcement is Impeding execution; (11) Having the ability to perform but refusing to perform the legally effective judgments, rulings, mediation documents and payment orders of the People's Court. If the person subject to execution is a unit, the principal person in charge or the person directly responsible may be fined or detained. If a crime is constituted, the person shall be transferred to the relevant agency for criminal liability. If the person subject to execution commits any of the following acts, he shall be held criminally responsible in accordance with the law: (1) If he fails to execute the judgment or ruling of the people's court when he has the ability to do so, and the circumstances are serious, he may be punished in accordance with the provisions of Article 313 of the Criminal Law. Fixed-term imprisonment of not more than three years, criminal detention or a fine. "Refuse to execute despite having the ability to execute, and the circumstances are serious" means that the person subject to execution hides, transfers, or intentionally damages property or transfers property for free, or transfers property at an obviously unreasonable low price, making the judgment or ruling impossible to execute; or the person subject to execution is A person hides, transfers, intentionally damages or transfers property that has provided guarantee to the people's court, causing the judgment and ruling to be unenforceable and the ruling to be unenforceable. (2) Anyone who conceals, transfers, sells off, or intentionally damages property that has been sealed, detained, or frozen by judicial authorities, if the circumstances are serious, may be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or fine. 3) If the payment obligations specified in the effective legal document are not fulfilled within the period specified in the execution notice, the court may take measures to restrict high consumption in accordance with the law. The person subject to execution's consumption in violation of the order restricting high consumption is an act of refusing to perform the legally effective judgments and rulings of the people's court. If it is verified to be true, in accordance with the provisions of the "People's Republic of China and the National Civil Procedure Law", Detention and fines shall be imposed in accordance with the law; if the circumstances are serious and constitute a crime, criminal liability shall be investigated in accordance with the law. 4. According to the provisions of Article 1 of the "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Dishonest Persons Subject to Execution", if the person subject to execution has the ability to perform but fails to perform the obligations specified in the effective legal document, and has one of the following circumstances, the court shall Be included in the list of dishonest persons subject to execution and be subject to credit penalties: (1) Those who obstruct or resist execution by forging evidence, violence, threats, etc.; (2) Avoiding execution by false litigation, false arbitration, or by concealing or transferring property, etc.; (3) Violation of the property reporting system; (4) Violation of orders restricting high consumption; (5) Persons subject to execution refusing to perform the execution of the settlement agreement without justifiable reasons; (6) Others who have the ability to perform but refuse to perform obligations specified in effective legal documents of. If the person subject to execution is a natural person and cannot prove that he or she is a five-guarantee household or a household with minimum living security, he or she will be included in the list of dishonest persons subject to execution; if the person subject to execution is a legal person or other organization, as long as there is no property declaration or the declaration is false, all persons subject to execution will be included in the list of dishonest persons subject to execution. Included in the list of dishonest persons subject to execution. Those who are included in the list of dishonest persons subject to execution will be subject to the following disciplinary measures: 1. The information of the dishonest persons subject to execution shall be entered into the "List of Untrustworthy persons subject to execution" of the Supreme People's Court and announced to the public; 2. The dishonest persons subject to execution shall be prohibited from purchasing air tickets, Soft sleeper on the train; 3. Enter the information of the dishonest persons subject to enforcement into the credit reporting system of the People's Bank of China; 4. Restrict the loans, borrowings and repayments of the persons subject to dishonesty. Restrict dishonest persons subject to execution from taking out loans and applying for personal credit cards; 5. Untrustworthy persons subject to execution are prohibited from applying for passports and other exit documents in accordance with the law; 6. Untrustworthy persons subject to execution are not entitled to serve as legal representatives of companies and unincorporated enterprises; 7. Untrustworthy persons subject to execution are prohibited Not entitled to serve as the legal representative of a company or unincorporated enterprise. A dishonest person may not engage in land-related expropriation, bidding, or transfer; 8. A dishonest person may not apply for approval, approval, or filing of fixed asset investment and construction projects; 9. A dishonest person may not apply for approval, approval, or filing of fixed asset investment and construction projects; 10. Approval, verification and filing of construction projects; 9. Applications for new construction project planning matters submitted by defaulters will not be accepted, and they will be restricted from handling construction land planning licenses, construction project planning licenses (rural construction planning licenses) and planning plan approval procedures; 10. Record dishonest persons subject to enforcement in the bad credit information database of market entities, and prohibit them from participating in various government, state-owned, and collective public and private resource trading activities; 11. After winning the bid for a construction project and before signing the construction contract, cancel the bad credit information The person subject to execution's bidding qualification is prohibited from contracting professional subcontracting and labor subcontracting related to the project. 12. Restrict persons subject to execution for dishonesty from entering the Hefei construction market and serve as project managers of construction units or project directors of supervision units; 13. Expose persons subject to execution for dishonesty in newspapers, the Internet and other media; 14. Do not grant persons subject to execution for dishonesty The honorary title of "Civilized Unit"; 15. Persons subject to execution for dishonesty shall not be nominated to serve as party representatives, people's congress representatives, or members of the CPPCC. Purpose of the law: Article 14 of the "People's Republic of China and the National Criminal Procedure Law" The people's courts, people's procuratorates and public security organs shall ensure that criminal suspects, defendants and other litigation participants enjoy the right to defense and other litigation rights in accordance with the law.