I legal documents that can be applied to the people's court for enforcement.
1, legally effective civil and administrative judgments, rulings, conciliation statements 2, civil sanction decisions, payment orders 3, criminal judgment, rulings, property parts in conciliation statements 4, arbitration awards, conciliation statements, and rulings on property preservation and evidence preservation made by the people's courts in accordance with the relevant provisions of the Arbitration Law of People's Republic of China (PRC) * * * 5. Administrative punishment decision and administrative handling decision. 7. Creditor's rights recovery documents of creditor's rights, debts and articles enforced by notary organs according to law. Judgments and rulings made by foreign courts ruled by the people's courts and recognized as valid, and arbitral awards made by foreign arbitral institutions.
Second, enforcement jurisdiction.
1. The legally effective civil judgments, rulings and conciliation statements, as well as the property part of criminal judgments, rulings and conciliation statements, shall be executed by the people's court of first instance.
2. Other legal documents (arbitration awards, notarized creditor's rights documents) provided by law to be executed by the people's court shall be executed by the people's court where the person subjected to execution has his domicile or where the property subjected to execution is located.
If the parties apply to the above-mentioned people's courts for execution respectively, the people's court that first accepted the application shall execute it.
3. In domestic arbitration, if a party applies for property preservation and submits it to a people's court through an arbitration institution, the basic people's court in the place where the respondent has his domicile or where the property applied for preservation is located shall make a ruling for execution, and the basic people's court in the place where the evidence is located shall make a ruling for execution. 4. In the process of foreign-related arbitration, if the parties apply to the people's court for property preservation through an arbitration institution, and the application for evidence preservation is ruled by the intermediate people's court in the place where the respondent has his domicile or where the application for property preservation is made, the intermediate people's court in the place where the evidence is located shall rule to implement the decision on handling and punishment made by the patent administration authority according to law. The intermediate people's courts of provinces, autonomous regions and municipalities directly under the Central Government where the person subjected to execution has his domicile or where the property subjected to execution is located have the right to accept patent dispute cases. 6. Decisions on handling and punishment made by the people's governments and customs of various departments, provinces, autonomous regions and municipalities directly under the Central Government in the State Council according to law shall be executed by the intermediate people's court where the person subjected to execution has his domicile or where the property subjected to execution is located. 7. A legally effective payment order shall be executed by the people's court that made the payment order.
Third, the implementation of the application program.
(1) Conditions for application for execution
1. The legal documents applied for have come into effect. 2. The application executor is the obligee or his successor or successor determined by the effective legal document. 3. The application executor applies within the statutory time limit. 4. The legal documents applied for execution contain payment contents, and the subject of execution and the person subjected to execution are clear.
5. The debtor fails to perform its obligations within the time limit determined by the effective legal documents.
6. It belongs to the jurisdiction of the people's court applying for enforcement.
(2) Time limit for application for execution
1, civil case
A. If at least one party is a citizen, the application execution period is one year. B. If both parties are enterprise legal persons, the application execution period is six months.
2. Administrative cases
Where a people's court is applied to execute a specific administrative act, the time limit for applying for execution is within 3 months from the date of expiration of the prosecution period.
Four, apply for execution shall submit documents and certificates to the court:
(1) Apply for execution. The application for execution shall specify the reasons, matters, the object of execution and the property status of the person subjected to execution known by the application executor.
(2) Copies of effective legal documents.
(3) the identity certificate of the applicant executor. If an individual citizen applies, he/she shall show his/her resident identity card; If applying, submit a copy of the business license of the legal person and the identity certificate of the legal representative; If the organization applies, it shall submit a copy of the business license and the identity certificate of the main person in charge.
(4) Where the successor or successor of the right applies for compulsory execution, it shall submit a certificate of inheritance or successor of the right.
(5) Other documents or certificates that should be submitted.
Five, the judicial organs of the court transferred to the executive organs for execution of legal documents.
Legally effective legal documents, decisions on civil sanctions, and criminal incidental civil judgments, rulings and conciliation statements with the contents of paying alimony, maintenance and child care.
The time limit for the court to examine and execute the application for intransitive verbs
The court shall complete the examination within seven days, and the ruling that is not in conformity with the law shall not be accepted, and the ruling that is in conformity with the law shall be accepted and the execution procedure shall be started.
Seven. Changes and supplements of the executive body
1. If the person subjected to execution is a private sole proprietorship enterprise without legal personality and is unable to perform the obligations specified in legal documents, the people's court may order the execution of other property of the owner of the sole proprietorship enterprise. 2. If the person subjected to execution is an individual partnership organization or a partnership enterprise and cannot fulfill the obligations specified in the effective legal documents, the people's court may rule that the partners of the partnership organization or the legal persons participating in the partnership enterprise are the persons subjected to execution. 3. If the branch of the person subjected to execution is unable to pay off the debts, it may order the enterprise as a legal person. If the property directly managed by an enterprise as a legal person is still unable to pay off the debts, the people's court may rule that if the property of other branches of an enterprise as a legal person must be executed, the investment and income due to the contractor or lessee shall be protected according to law. 4. The person subjected to execution is divided into two or more enterprises with legal personality according to legal procedures. If the surviving enterprise bears the debts according to the proportion determined in the separation agreement and complies with the legal separation procedures, it shall be ruled that the surviving enterprise shall be liable to the applicant executor according to the proportion of the assets it has obtained from the executed enterprise to the total assets of the original enterprise. 5. If the debtor's property is used to pay off debts, and its start-up unit is untrue or registered capital flight, it may be decided to change or add its start-up unit as the debtor. 6. After the person subjected to execution is revoked, cancelled or closed down, if the superior competent department or start-up unit accepts the property of the person subjected to execution for free, resulting in the person subjected to execution having no legacy property to pay off debts or the legacy property is insufficient to pay off, it may be ruled that the superior competent department or start-up unit shall bear the responsibility within the scope of the accepted property.
Eight, the possible situation in the process of implementation
(1) Both parties have reached a settlement agreement.
In the course of execution, an execution settlement agreement may be reached with the consent of the person subjected to execution. What might happen after that:
1. After the person subjected to execution fulfills the contents of the settlement agreement, the execution is terminated.
2. If the person subjected to execution fails to perform in accordance with the contents of the settlement agreement, the person subjected to execution shall apply to the court for resumption of execution.
(2) The person subjected to execution provides an execution guarantee.
In the process of execution, the person subjected to execution provides a guarantee to the people's court, and if the person subjected to execution agrees, the people's court may make a ruling to suspend execution. What might happen after that:
1. The person subjected to execution carries out the judgment as scheduled, and the execution ends.
2. If the person subjected to execution fails to perform the judgment within the time limit, the people's court has the right to enforce the property guaranteed by the person subjected to execution or the property of the guarantor.
3. During the suspension of execution, if the person subjected to execution or the guarantor transfers, conceals, sells or damages the secured property, the people's court may resume compulsory execution.
(three), the court ruled that the execution is suspended.
1. The person subjected to execution has no property to execute. 2. The people's court has accepted the bankruptcy application with the debtor as the debtor. 3. One party applies for enforcement of the arbitral award, and the other party applies for cancellation of the arbitral award. 4. The subject matter of execution is the subject matter of the case being tried by other courts and arbitration institutions, and the ownership cannot be determined until the case is tried. 5. The person subjected to execution applies to the court for non-execution according to the Civil Procedure Law. And provide appropriate guarantees. 6. The applicant indicated that the execution could be postponed. 7. Outsiders raised effective objections to the implementation of the objectives. 8. When a citizen dies, he needs to wait for the heir to inherit the rights or assume the obligations. 9. If a legal person or other organization as one of the parties terminates and the successor of rights and obligations has not been determined, 10, the executing agency will suspend execution according to the ruling of suspension of execution made by the higher court or our hospital.
After the above situation disappears, the court shall resume execution ex officio or upon application.
(4) Implement rotation
In the process of execution, if the legal document on which the execution is based is revoked or changed by the people's court or other organs, the people's court shall make a ruling on the executed property, order the person who obtained the property to return it or not, and enforce it.
(v) Oppose enforcement.
In the process of execution, if an outsider claims rights to the subject matter of execution, he may raise an objection to the execution court. Possible results after court review:
1. If, after examination, it is considered that the objection reason of the outsider is untenable, it shall be ruled that the objection shall be rejected and the execution shall continue.
2. The object of execution proposed by the outsider is the specific object specified in the legal document. If an outsider's objection is established after examination, it shall be reported to the president for approval and the execution of the contents in the effective legal document shall be suspended.
3. The subject matter of execution is not the specific thing stipulated in the effective legal document. If it is found that the objection of the outsider is established after examination, the execution of the subject matter shall be stopped with the approval of the president. The compulsory measures that have been taken shall be immediately lifted or revoked, and the subject matter shall be returned to the outsider.
At present, it is difficult to determine whether the objection raised by outsiders is valid. If the outsider provides a really effective guarantee, the measures of sealing up and detaining can be lifted. If the requested person provides effective guarantee, the execution may be continued. If there is an error in lifting the seal-up or continuing the execution because of providing a guarantee, thus causing losses to the other party, it shall be ordered to pay compensation with the secured property.
If the judgment or ruling is indeed wrong, it shall be handled in accordance with the procedure of trial supervision.
(six), the court ruled to terminate the execution of:
1, the applicant withdraws the application; (2) The legal document on which the execution is based has been revoked; 3. When a citizen who is the subject of execution dies, he has no inheritance to execute and no inheritance obligation; 4. The obligee in the case of recourse for alimony, alimony and upbringing expenses dies, and the citizen subjected to execution is unable to repay the loan due to living difficulties, has no source of income and loses the ability to work; 6, the person subjected to execution is declared bankrupt by the people's court, the enforcement court shall, in accordance with the civil
An order to terminate execution is equivalent to the execution of the case.
Nine. Time limit for implementation
When a people's court executes an effective legal document, it shall generally close the case within six months from the date of filing the case, but the time limit for suspension of execution shall be deducted. If there are special circumstances that need to be extended, it should be approved by the president of our hospital.
Ten, after the completion of the implementation of rotation.
After the execution, if the legal document on which the execution is based is revoked or changed by the people's court or other organs, the original executing agency shall, in accordance with the provisions of Article 214 of the Civil Procedure Law, make an execution ruling on the newly effective legal document upon the application of the parties or ex officio, and order the original executor to return the property and fruits obtained. Those who refuse to return it shall be enforced. The implementation of rotation shall be re-filed, and the relevant provisions of the implementation procedures shall apply. When revolving, if the subject matter is specific, it shall be returned to the original. If the original thing cannot be returned, it can be compensated at a discount.
Legal basis:
Article 214th of the Civil Procedure Law of People's Republic of China (PRC) shall, at the request of the parties concerned or ex officio, make an order to cancel the execution and order the executor of the original application to return the property and fruits obtained. Those who refuse to return it shall be enforced.