How to Deal with the Opposite Party's Failure to Execute the Judgment in Civil Action

1、 Civil litigation What if the other party fails to execute the judgment

in the light of civil dispute For the enforcement of judgments, we will provide the following solutions:

(1) If the other party fails to comply with Court judgment You have the right to apply to the court Enforcement application ；

(2) When the court receives the application for enforcement, it will obligor Conduct a comprehensive investigation of the real estate, vehicles, securities and bank deposits under its name;

(3) If it is verified that the debtor has no property available for enforcement and still refuses to perform the court's effective judgment, he will face bad credit records such as overdue repayment, high consumption and exit restrictions, and may even be subject to judicial detention;

(4) In case of having the ability to execute but refusing to execute, it may constitute Crime of refusing to execute a judgment or order 。

According to relevant laws statute It stipulates that those who have the ability to execute court judgments and rulings but refuse to do so, if the circumstances are serious, will be sentenced to less than three years fixed-term imprisonment 、 criminal detention or fine 。

Civil disputes over police stations Filing a case Standards mainly include the following four aspects:

1. The plaintiff shall be a citizen, legal person or other organization with direct interest relationship with the case;

2. The identity of the defendant must be clarified;

3. The claim must be specific and clear, with corresponding factual basis and reasons attached;

4. The case should belong to the category of civil litigation accepted by the people's court, and the court receiving the lawsuit has the right to Jurisdiction 。

The People's Republic of China civil procedure law 》Article 236

If the person or property subjected to execution is in another place, the local people's court may be entrusted with the execution.

The entrusted people's court must start execution within 15 days after receiving the letter of entrustment and may not refuse.

After the completion of the execution, the entrusting people's court shall promptly notify the entrusting people's court of the result of the execution by letter;

If the execution has not been completed within 30 days, the entrusting people's court shall also notify the entrusting people's court of the execution by letter.

If the entrusted people's court fails to execute within 15 days after receiving the letter of entrustment, the entrusting people's court may request the people's court at a higher level of the entrusted people's court to instruct the entrusted people's court to execute.

2、 Civil action agent Can people delegate others to participate in the lawsuit

In civil proceedings, agents ad litem have the right to delegate their litigation power to other persons.

However, specific rules and restrictions need to be observed in this process:

First, the trustee who accepts the sub entrustment must have legal and clear litigation agency qualification;

Secondly, the trustee's inability or inconvenience to perform the duty of litigation agency needs special reasons to prove;

Thirdly, in this case, the prior written permission of the original client or the express acquiescence after the event must be obtained;

At the same time, the agent ad litem who accepts the sub entrustment also needs to have complete litigation capacity;

At the same time, the delegated authority shall not exceed the scope of authority granted by the original principal;

The final requirement is that the new agent ad litem must strictly abide by the authorization authority, can only exercise the litigation behavior and perform the agency function within the scope of authorization, and the original client and the new agent ad litem should jointly sign the exclusive litigation on the sub entrusted agency matters Agency contract And then it needs to be carefully examined by the court.

For the application approved by the court, the result must be informed to the relevant litigants as soon as possible.

《 Civil Code 》Article 169

If an agent needs to entrust a third person to act as his agent, he shall obtain the consent or ratification of the principal.

If the sub entrusted agent is approved or ratified by the principal, the principal may directly instruct the sub entrusted third party in respect of the agency affairs, and the agent shall only be responsible for the selection of the third party and its instructions to the third party.

Where a sub entrusted agent fails to obtain the consent or ratification of the principal, the agent shall be liable for the acts of the sub entrusted third party; However, in case of emergency, the agent needs to entrust a third person to act as agent in order to protect the principal's interests.

The power of law lies not only in its binding force, but also in its educational and guiding role. It teaches us how to act correctly, how to respect the rights and interests of others, and how to maintain social justice and fairness. As the title of this article puts forward, "What should we do if the other party fails to execute the judgment in civil proceedings", we can get many valuable enlightenment and lessons from it. We should cherish these lessons and internalize them into our code of conduct so that we can better abide by the law and live in this society under the rule of law.