Hello, my answer to your question about the implementation of judicial interpretation in the Supreme People's Court is as follows: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC)" aims at timely and effective implementation of effective legal documents in accordance with the law and safeguarding the legitimate rights and interests of the parties. According to the Civil Procedure Law of People's Republic of China (PRC) (hereinafter referred to as the Civil Procedure Law) revised on June 5438+ 10, 2007, combined with the actual execution work of the people's court, this paper makes judicial interpretations on some issues concerning the application of law to the execution procedure. People's Republic of China (PRC) the Supreme People's Court promulgated Law Interpretation [2008]No. 13, which came into force on June 5438, 2009. Chinese name the Supreme People's Court's explanation on the application of the Civil Procedure Law of People's Republic of China (PRC). Promulgated by the Supreme People's Court and effective date: 2009 1. Document number: Fa Shi [2008]No. 13, court announcement: Fa Shi [2008]No. 13, the Supreme People's Court on the application of the Civil Procedure Law of People's Republic of China (PRC). The Interpretation on Several Issues Concerning the Execution Procedure of the Civil Procedure Law of People's Republic of China (PRC) was adopted by the Judicial Committee of the Supreme People's Court at its1452nd meeting on September 8, 2008. It is hereby promulgated and shall come into force as of June 65438+ 10/day, 2009. Interpretation of Issues the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Execution Procedure of the Civil Procedure Law of People's Republic of China (PRC) on March 3, 2008 (adopted at the1452nd meeting of the the Supreme People's Court Judicial Committee on September 8, 2008) In order to timely and effectively implement the effective legal documents in accordance with the law and safeguard the legitimate rights and interests of the parties, According to the Civil Procedure Law of People's Republic of China (PRC) (hereinafter referred to as "Civil Procedure Law") revised on June 5438+ 10, 2007, combined with the actual execution work of the people's court, some issues concerning the application of law in the execution procedure are explained as follows: Article 1 If the person subjected to execution applies to the people's court where the property under execution is located, he shall provide proof that there is property available for execution within the jurisdiction of the people's court. Article 2 Where two or more people's courts have jurisdiction over an enforcement case, if the people's court finds that other people's courts with jurisdiction have filed the case before filing the case, it shall not file the case repeatedly. After filing a case, it is found that other people's courts with jurisdiction have filed a case, which shall be rejected; If enforcement measures have been taken, the controlled property should be handed over to the enforcement court that filed the case first. Article 3 After the people's court accepts the application for execution, if the parties have objections to the jurisdiction, they shall raise them within 10 days from the date of receiving the notice of execution. The people's court shall examine the objections raised by the parties. If the objection is established, the enforcement case shall be revoked, and the parties concerned shall be informed to apply to the people's court with jurisdiction for enforcement; If the objection is not established, the ruling shall be rejected. If a party refuses to accept the ruling, it may apply to the people's court at the next higher level for reconsideration. During the review and reconsideration of jurisdiction objection, the execution shall not be stopped. Article 4 In a case where a people's court takes property preservation measures, if the person subjected to execution applies to a people's court with jurisdiction other than the people's court that took the preservation measures, the people's court that took the preservation measures shall hand over the preserved property to the enforcement court for handling. Article 5 In the process of execution, if the parties or interested parties think that the court's execution violates the law, they may raise objections in accordance with the provisions of Article 202 of the Civil Procedure Law. The execution court shall make a ruling within fifteen days from the date of receiving the written objection when examining and handling the execution objection. Article 6 Where a party or interested party applies for reconsideration in accordance with Article 202 of the Civil Procedure Law, it shall be in written form. Article 7 The written materials applied for reconsideration by the parties or interested parties may be transmitted through the enforcement court or directly submitted to the people's court at the next higher level of the enforcement court. After receiving the application for reconsideration, the enforcement court shall submit the file materials needed for reconsideration to the people's court at the next higher level within five days; After receiving the application for reconsideration, the people's court at the next higher level shall notify the enforcement court to submit the file materials needed for reconsideration within five days. Article 8 The people's court at the next higher level shall form a collegial panel to examine the applications for reconsideration of the parties and interested parties. Article 9 If a party or interested party applies for reconsideration in accordance with Article 202 of the Civil Procedure Law, the people's court at the next higher level shall complete the examination and make a ruling within 30 days from the date of receiving the application for reconsideration. If there are special circumstances that need to be extended, it can be extended with the approval of the president of our hospital, and the extension period shall not exceed 30 days. Tenth execution objection review and reconsideration period, not to stop execution. The people's court may allow the person subjected to execution or interested parties to provide sufficient and effective guarantees and stop the corresponding disciplinary measures; If the executor is requested to provide sufficient and effective guarantee for the continued execution, the execution shall be continued. Article 11 In accordance with the provisions of Article 203 of the Civil Procedure Law, the people's court at the next higher level may, upon the application of the person subjected to execution, order the execution court to execute within a time limit or change the execution court: (1) When the creditor applies for execution, the person subjected to execution has property available for execution, and the execution court has not completed execution for more than six months from the date of receiving the application for execution; (2) During the execution, it is found that the property of the person subjected to execution is available for execution, and the execution has not been completed by the execution court for more than six months from the date of discovery of the property; (3) The enforcement court fails to take corresponding enforcement measures according to law for more than six months from the date of receiving the application for enforcement; (four) other conditional execution has not been implemented for more than six months. Article 12 If the people's court at a higher level orders the enforcement court to execute within a time limit in accordance with Article 203 of the Civil Procedure Law, it shall issue an enforcement ruling to it and notify the applicant in writing of the relevant information. If the people's court at a higher level decides to execute or instructs other people's courts within its jurisdiction to execute, it shall make a ruling, serve it on the parties concerned and notify the relevant people's court. Article 13 If the people's court at a higher level orders the execution court to execute within a time limit, and the execution court fails to execute within the time limit without justifiable reasons, the people's court at a higher level shall order the court to execute or instruct other people's courts under its jurisdiction to execute. Article 14 The six-month period stipulated in Article 203 of the Civil Procedure Law shall not be counted as the period of announcement, appraisal and evaluation, settlement of jurisdiction disputes, coordination of execution disputes, suspension of execution and suspension of execution. Article 15 If an outsider claims the ownership of the execution target or enjoys other substantive rights that can hinder the transfer and delivery of the execution target, he may raise an objection to the execution court in accordance with the provisions of Article 204 of the Civil Procedure Law. Article 16 The people's court shall not punish the object of execution during the period of examining the objection of outsiders. If the outsider provides sufficient and effective guarantee to the people's court to request the lifting of the seizure, seizure and freezing of the object of objection, the people's court may allow it; If the executor is requested to provide sufficient and effective guarantee for the continued execution, the execution shall be continued. If the subject matter cannot be executed due to the wrong lifting of the seal-up, seizure or freezing of the guarantee provided by the outsider, the people's court may directly enforce the guaranteed property; If there is an error in the application executor's request for guarantee to continue execution, which causes losses to the other party, it shall make compensation. Article 17 If an outsider brings a lawsuit in accordance with the provisions of Article 204 of the Civil Procedure Law, claiming substantive rights to the subject matter of execution and requesting to stop the execution of the subject matter, the applicant for execution shall be the defendant; If the person subjected to execution objects to the substantive rights claimed by the outsider to the subject matter of execution, the application executor and the person subjected to execution shall be regarded as * * * co-defendants. Article 18 Where an outsider brings a lawsuit in accordance with Article 204 of the Civil Procedure Law, it shall be under the jurisdiction of the enforcement court. Article 19 If an outsider brings a lawsuit in accordance with the provisions of Article 204 of the Civil Procedure Law, the enforcement court shall hear it according to the procedure. After trial, the reason is not established, and the judgment rejects the claim; If the reason is established, a corresponding judgment shall be made according to the opinions of outsiders. Article 20 If an outsider brings a lawsuit in accordance with the provisions of Article 204 of the Civil Procedure Law, execution shall not be suspended during the lawsuit. If the litigant's claim is justified or provides a sufficient and effective guarantee to stop execution, it may be ruled to stop the punishment of the object of execution; If the executor is requested to provide sufficient and effective guarantee for the continued execution, the execution shall be continued. If the outsider requests to stop execution, request to lift the seizure, seizure or freezing, or the application executor mistakenly requests to continue execution, thus causing losses to the other party, compensation shall be made. Article 21 If an applicant for execution files a lawsuit in accordance with Article 204 of the Civil Procedure Law and requests permission to execute the subject matter, the outsider is the defendant; If the person subjected to execution disagrees with the request of the application executor, the outsider and the person subjected to execution shall be the defendants. Article 22 Where an applicant for enforcement brings a lawsuit in accordance with Article 204 of the Civil Procedure Law, it shall be under the jurisdiction of the enforcement court. Article 23 After the people's court decides to suspend the execution of the object of objection in accordance with Article 204 of the Civil Procedure Law, if the applicant for execution fails to bring a lawsuit within 15 days from the date when the ruling is served, the people's court shall make a ruling to terminate the execution measures already taken. Article 24 Where an applicant for enforcement brings a lawsuit in accordance with the provisions of Article 204 of the Civil Procedure Law, the enforcement court shall handle the case according to the procedure. After trial, the reason is not established, and the judgment rejects the claim; If the reason is established, a corresponding judgment shall be made according to the claim of the applicant executor. Article 25 If multiple creditors apply to the same person subjected to execution or participate in the distribution of the property to be executed, the execution court shall make a property distribution plan and serve it on all creditors and the person subjected to execution. If the creditor or the person subjected to execution has any objection to the distribution plan, it shall file a written objection to the enforcement court within 15 days from the date of receiving the distribution plan. Article 26 If the creditor or the person subjected to execution raises a written objection to the distribution plan, the enforcement court shall notify the creditor or the person subjected to execution who has not raised the objection. If the creditor or the person subjected to execution who has not raised an objection does not raise an objection within fifteen days from the date of receiving the notice, the enforcement court shall review and modify the distribution plan according to the opinions of the objector and distribute it; If an objection is raised, the objector shall be informed. The objector may, within fifteen days from the date of receiving the notice, take the creditor or the person subjected to execution who raised the objection as the defendant and bring a lawsuit to the enforcement court; If the dissenter fails to file a lawsuit within the time limit, the enforcement court shall make distribution according to the original distribution plan. If distribution is made during the litigation, the enforcement court shall deposit the amount corresponding to the disputed creditor's rights. Twenty-seventh in the last six months of the application for prescription execution, if the right of claim cannot be exercised due to force majeure or other obstacles, the application for suspension of prescription execution shall be applied. From the date when the reasons for the suspension of the prescription are eliminated, the period for applying for the execution of the prescription will continue to be counted. Article 28 The limitation of application for execution is interrupted by the application for execution, the settlement agreement reached by both parties, or the request or agreement of one party to perform its obligations. From the time of interruption, the application execution limit period is recalculated. Article 29 If the debtor has the obligation of omission in the effective legal document, the time limit for applying for execution shall be counted from the date when the debtor violates the obligation of omission. Article 30 If an executor takes compulsory measures immediately in accordance with the provisions of Article 216 of the Civil Procedure Law, he may issue a notice of compulsory execution at the same time or within three days from the date of taking compulsory measures. Article 31 If the people's court orders the person subjected to execution to report the property in accordance with the provisions of Article 217 of the Civil Procedure Law, it shall issue a ruling on the property report. The order for declaring property shall specify the scope of declaring property, the time limit for declaring property, the legal consequences of refusing to report or making a false report, etc. Article 32 In accordance with the provisions of Article 217 of the Civil Procedure Law, the person subjected to execution shall report the following properties in writing: (1) income, bank deposits, cash and securities; (2) Real estate such as land use rights and houses; Means of transport, machinery and equipment, products, raw materials and other movable property; (4) Creditor's rights, stock rights, investment rights, funds, intellectual property rights and other property rights; (5) Other properties that should be reported. If the property of the person subjected to execution has changed since one year before the date of receiving the notice of execution, it shall report the change. If the person subjected to execution has fulfilled all the debts during the reporting period, the people's court shall make a ruling to terminate the reporting procedure. Article 33 If the property of the person subjected to execution changes after the declaration of the property, which affects the realization of the creditor's rights of the applicant, a supplementary report shall be submitted to the people's court within 10 days from the date of the property change. Article 34 The people's court shall allow the person subjected to execution to inquire about the property reported by the person subjected to execution. The application executor shall keep confidential the property inquired by the person subjected to execution. Article 35 The enforcement court may, upon the application of the executor or ex officio, investigate and verify the property reported by the executor. Article 36 Where the exit of the person subjected to execution is restricted in accordance with the provisions of Article 231 of the Civil Procedure Law, the applicant for execution shall submit a written application to the enforcement court; When necessary, the enforcement court may make a ruling ex officio. Article 37 If the person subjected to execution is a unit, his legal representative, principal responsible person or persons directly responsible for affecting the performance of debts may be restricted from leaving the country. If the person subjected to execution is a person without or with limited capacity for civil conduct, his legal representative may be restricted from leaving the country. Article 38 During the exit restriction period, if the person subjected to execution fulfills all the debts specified in the legal documents, the enforcement court shall promptly lift the exit restriction measures; If the person subjected to execution provides sufficient and effective guarantee or applies for the consent of the person subjected to execution, the exit restriction measures may be lifted. Article 39 In accordance with the provisions of Article 231 of the Civil Procedure Law, the enforcement court may, ex officio or at the application of the person subjected to execution, publish the information that the person subjected to execution has not fulfilled the obligations specified in legal documents through newspapers, radio, television, internet and other media. The expenses related to the media announcement shall be borne by the person subjected to execution; Where the executor applies for publication in the media, he shall pay the relevant fees in advance. Article 40 If the judicial interpretation published by our court before the implementation of this interpretation is inconsistent with this interpretation, this interpretation shall prevail.

Legal basis:

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Theft [20 13] No.8 (adopted by the the Supreme People's Court Judicial Committee at its 157 1 meeting on March 8, 2006, the 12th Procuratorial Committee of the Supreme People's Procuratorate 1 At this meeting, some issues concerning the application of law in handling criminal cases of theft are explained as follows: Article 1 Whoever steals public or private property in an amount of more than 1,000 yuan but less than 3,000 yuan, more than 30,000 yuan but less than 100,000 yuan, and more than 300,000 yuan but less than 500,000 yuan shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 264 of the Criminal Law respectively. The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and the situation of social security, determine the specific amount standards implemented in their respective regions within the scope of the amount specified in the preceding paragraph and report them to the Supreme People's Court and the Supreme People's Procuratorate for approval. If theft is carried out on cross-regional public transport, and it is impossible to verify the location of the theft, it shall be determined that the amount of theft has reached "a large amount", "a huge amount" and "a particularly huge amount" according to the relevant amount standards determined by the higher people's courts and people's procuratorates of the provinces, autonomous regions and municipalities directly under the Central Government where the case is accepted. Stealing contraband such as drugs should be treated as theft and punished according to the seriousness of the case. Article 2 The standard of "large amount" for stealing public or private property can be determined according to 50% of the standard stipulated in the preceding article: (1) Those who have been criminally punished for theft; (2) Having received administrative punishment for theft within one year; (3) Organizing and controlling theft by minors; (4) Theft in the place where the incident occurred during emergencies such as natural disasters, accidents and social security incidents; (five) theft of property of the disabled, the elderly and the disabled; (six) stealing the property of patients or their relatives and friends in the hospital; (seven) theft of disaster relief, emergency rescue, flood control, special care, poverty alleviation, immigration, relief funds and materials; (eight) serious consequences caused by theft. Article 3 Whoever steals more than three times in two years shall be deemed as "multiple thefts". Whoever illegally enters the house for the family life of others and steals from the outside world shall be deemed as "burglary". Anyone who steals equipment such as guns, explosives, controlled knives, etc., which is prohibited by the state from being carried by individuals for the purpose of committing illegal crimes, or steals other equipment that can endanger the personal safety of others, shall be deemed as "theft with a murder weapon". Whoever steals property carried by others in public places or public transport vehicles shall be deemed as "pickpocketing". Article 4 The amount of theft shall be determined according to the following methods: (1) If the stolen property has a valid price certificate, it shall be determined according to the valid price certificate; If there is no valid price certificate, or if the amount of theft is obviously unreasonable according to the price certificate, an appraisal institution shall be entrusted to conduct appraisal in accordance with the relevant provisions; (2) If the foreign currency is stolen, it shall be converted into RMB according to the central parity of RMB against the currency published by China Foreign Exchange Trading Center or the authorized institution of the People's Bank of China at the time of theft; China Foreign Exchange Trading Center or the authorized institution of the People's Bank of China has not published the central parity of the exchange rate, and converted it into RMB according to the central parity of RMB against the currency at the time of theft, or the central parity of RMB against the US dollar in domestic banks and the international foreign exchange market arbitrage; (three) stealing electricity, gas, tap water and other property, and the amount of theft can be verified, and the amount of theft shall be calculated according to the verified amount; If the amount of theft cannot be verified, the amount of theft shall be calculated by subtracting the average monthly consumption displayed by the metering instrument after the theft from the normal monthly consumption in the six months before the theft; If it is used normally for less than six months before theft, the amount of theft shall be calculated according to the monthly average consumption during normal use minus the monthly average consumption displayed by the metering instrument after theft; (four) knowing that it is used by stealing other people's communication lines or copying other people's telecommunications equipment and facilities, the amount of misappropriation shall be determined according to the expenses paid by legitimate users; If it cannot be directly confirmed, the theft amount shall be calculated according to the monthly payment amount of the legal user's telecommunication equipment and facilities after being stolen and copied minus the monthly telephone charges for six months before being stolen and copied; If a legitimate user has used telecommunication equipment and facilities for less than six months, the amount of theft shall be calculated according to the actual monthly telephone bill; (five) theft of other people's communication lines, copying other people's telecommunications code number for sale, the amount of theft is determined according to the amount of stolen goods. If the loss caused by theft to the owner is greater than the amount of theft, the amount of loss may be considered as a sentencing circumstance. Article 5 Whoever steals negotiable payment vouchers, negotiable securities and negotiable securities shall determine the amount of theft according to the following methods: (1) Whoever steals negotiable payment vouchers, negotiable securities and negotiable securities without loss reporting shall calculate the amount of theft according to the face value and the income from fruits, bonuses or prizes due at the time of theft; (two) theft of registered securities payment vouchers, securities and bills has been cashed, and the amount of theft is calculated according to the property value of the cashed part; If it is not cashed, the owner can't avoid the loss by reporting the loss, reissue it, and reissue the formalities. The amount of theft is calculated according to the actual loss caused to the owner. Article 6 Whoever commits one of the circumstances specified in Item (3) to Item (8) of Article 2 of this Interpretation, steals public or private property, or commits burglary with a murder weapon, and the amount reaches 50% of "huge amount" and "especially huge amount" as specified in Article 1 of this Interpretation, can be respectively identified as "other serious circumstances" or "other particularly serious circumstances" as specified in Article 264 of the Criminal Law. Article 7 If the amount of theft of public or private property is relatively large, and the perpetrator pleads guilty, repents, returns stolen goods or makes restitution, under any of the following circumstances, if the circumstances are minor, he may not be prosecuted or be exempted from criminal punishment; When necessary, administrative punishment shall be given by the relevant departments: (1) having a statutory lenient punishment; (two) did not participate in the distribution of stolen goods or less stolen goods and not the principal; (3) the victim understands; (4) Other circumstances are minor and harmless. Article 8 Whoever steals the property of a family member or a close relative and is forgiven may not be regarded as a crime. Those who are investigated for criminal responsibility shall be treated leniently as appropriate. Article 9 Whoever steals general cultural relics, cultural relics of Grade III and cultural relics of Grade II or above collected by the State shall be deemed as "a large amount", "a huge amount" and "a particularly huge amount" as stipulated in Article 264 of the Criminal Law respectively. Stealing a number of state-owned cultural relics of different grades, three cultural relics of the same grade can be regarded as a cultural relic of a higher grade. Whoever steals cultural relics collected by the people shall determine the amount of theft in accordance with the provisions of Item 1, Paragraph 1, Article 4 of this Interpretation. Article 10 Whoever illegally drives another person's motor vehicle shall be dealt with in accordance with the following provisions: (1) Whoever illegally drives a motor vehicle and causes the vehicle to be lost shall be convicted and punished for theft; (two) in order to steal other property, the vehicle is illegally occupied after being used as a criminal tool, or the abandoned vehicle is lost, and the value of the stolen vehicle is included in the theft amount; (three) for the purpose of other crimes, illegal possession of motor vehicles used as criminal tools, or abandonment of motor vehicles, resulting in vehicle losses, shall be punished with crimes such as theft; If the vehicle is returned without loss, it shall be given a heavier punishment according to other crimes it has committed. Article 11 Whoever steals public or private property and causes property losses shall be dealt with in accordance with the following provisions: (1) Whoever steals public or private property by sabotage and causes other property losses shall be given a heavier punishment for theft; If it constitutes theft and other crimes at the same time, choose a felony and give a heavier punishment; (two) after the crime of theft, in order to cover up the crime or revenge. Intentionally destroying other people's property constitutes a crime, and shall be punished as theft and other crimes; (three) theft does not constitute a crime, but damage to property constitutes other crimes, should be convicted and punished for other crimes. Article 12 In case of attempted theft, criminal responsibility shall be investigated according to law under any of the following circumstances: (1) taking a huge amount of property as the object of theft; (2) Taking precious cultural relics as the theft target; (3) Other serious circumstances. If the accomplished and attempted theft reach different sentencing ranges, they shall be punished in accordance with the provisions of heavier punishment; Those who reach the same sentencing range shall be punished as theft. Article 13 If a unit organizes and instigates theft, which conforms to Article 264 of the Criminal Law and the relevant provisions of this Interpretation, the criminal responsibility of the organizer, the sender and the direct implementer shall be investigated for theft. Article 14 Whoever commits theft and is fined according to law shall be fined not less than 1,000 yuan but not more than 2 times the amount of theft; If there is no amount of theft or the amount of theft cannot be calculated, a fine of not less than 1,000 yuan but not more than 100,000 yuan shall be imposed. Fifteenth after the promulgation and implementation of this interpretation, the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases (Fa Shi [1998] No.4) shall be abolished at the same time; If the judicial interpretation and normative documents previously issued are inconsistent with this interpretation, this interpretation shall prevail. The Supreme People's Court's Interpretation on Several Issues Concerning the Application of NPC Standing Committee's Decision on Punishing Crimes of Falsely Issuing, Forging and Illegally Selling Special VAT Invoices. Stealing more than 25 special invoices for value-added tax or other invoices that can be used to defraud export tax rebates and tax deductions, or more than 50 other invoices; Whoever defrauds more than 50 special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or tax deductions, or more than 65,438,000 other invoices, shall be punished in accordance with the provisions of Article 151 of the Criminal Law. Stealing more than 250 special invoices for value-added tax or other invoices that can be used to defraud export tax rebates or deduct taxes, or more than 500 other invoices; Whoever falsely makes out more than 500 special invoices for value-added tax or other invoices that can be used for defrauding export tax rebates and tax deduction, or falsely makes out more than 0/000 other invoices/kloc-shall be punished in accordance with the provisions of Article 152 of the Criminal Law. Whoever steals special invoices for value-added tax or other invoices is especially serious, and shall be punished in accordance with Article 1 (1) of the Decision of NPC Standing Committee on Severely Punishing Criminals who Seriously Destroy the Economy. Whoever steals or defrauds special invoices for value-added tax or other invoices, and then commits the crimes of falsely making out or selling as stipulated in the Decision, shall be convicted and punished according to the felony, and shall not be punished for several crimes.