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What are the provisions of the Civil Procedure Law on compulsory execution?

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What are the provisions of the Civil Procedure Law on compulsory execution?


        

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  • 2024-06-13 01:00:48

    What are the provisions of the Civil Procedure Law on compulsory execution? Compulsory execution means that the court, in accordance with the legal procedure, uses the force of coercion to compel the civil obligor to complete its obligations according to the provisions of the execution document, so as to ensure the realization of the rights of the obligee. Compulsory enforcement provisions: Article 201 of the Civil Procedure, legally effective civil judgments and rulings, as well as the property portion of criminal judgments and rulings, shall be executed by the people's court of first instance or the people's court at the same level as the people's court of first instance in the place where the property being enforced is located. Other legal documents required by law to be executed by the people's court shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located. Article 202 If a party or interested party considers that the execution violates the provisions of the law, it may raise a written objection to the people's court in charge of the execution. If a party or an interested person raises a written objection, the people's court shall review it within 15 days from the date of receiving the written objection, and if the reason is justified, order to cancel or correct it; If the reason is untenable, the ruling shall be rejected. If the party concerned or the interested party is not satisfied with the ruling, it may apply to the people's court at the next higher level for reconsideration within 10 days from the date of service of the ruling. Article 203 If the people's court fails to execute the application within six months from the date of receiving the application for execution, the person applying for execution may apply to the people's court at the next higher level for execution. After examination, the people's court at the next higher level may order the original people's court to execute within a certain period of time, or may decide to have it executed or order other people's courts to execute. Article 204 If, in the course of execution, an outsider raises a written objection to the subject matter of execution, the people's court shall examine it within 15 days from the date of receiving the written objection, and if the reasons are tenable, rule to suspend the execution of the subject matter; If the reason is untenable, the ruling shall be rejected. If an outsider or a party to a case refuses to accept the ruling and believes that the original judgment or ruling is wrong, it shall be handled in accordance with the procedure for trial supervision; If it has nothing to do with the original judgment or order, it may bring a lawsuit to the people's court within 15 days from the date of service of the ruling. Article 205 When a compulsory execution measure is taken, the execution officer shall produce his certificate. After the execution is completed, a written record of the execution shall be made, which shall be signed or sealed by the relevant personnel present. The people's court may, when necessary, establish an enforcement agency. Article 206 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. Article 207 In the course of execution, if the parties reach an agreement through reconciliation on their own, the executor shall record the contents of the agreement in a written record, which shall be signed or sealed by both parties. If one party fails to perform the settlement agreement, the people's court may, upon the application of the other party, resume the execution of the original effective legal document. Article 208 In the course of execution, if the person subjected to execution provides a guarantee to the people's court, and with the consent of the person applying for execution, the people's court may decide to suspend the execution and the time limit for the suspension. If the person subjected to execution still fails to perform within the time limit, the people's court shall have the power to enforce the property guaranteed by the person subjected to execution or the property of the guarantor. Article 209 If a citizen subjected to execution dies, his debts shall be repaid from his estate. If the legal person or other organization as the person subjected to execution terminates, the successor of its rights and obligations shall perform its obligations. Article 210 After the completion of the execution, if the judgment, written order or other legal documents on which the execution is based have definite errors and have been revoked by the people's court, the people's court shall make a written order ordering the person who obtained the property to return the property that has been executed; If they refuse to return, compulsory execution shall be carried out.

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