According to Article 253 of the Civil Procedure Law of People's Republic of China (PRC), if the person subjected to execution fails to perform the obligation of paying money within the period specified in the judgment, ruling or other legal documents, he shall pay double the interest on the debt during the delayed performance. If the person subjected to execution fails to perform other obligations within the period specified in the judgment, ruling or other legal documents, he shall pay the delay in performance.

Two. The concrete implementation of Article 253 of the Civil Procedure Law

According to the provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law for Calculating Debt Interest during Overdue Performance:

In order to standardize the calculation of debt interest during the period of delayed performance in the execution procedure, this interpretation is formulated in accordance with the provisions of the Civil Procedure Law of People's Republic of China (PRC) and combined with judicial practice.

Article 1 The interest on debts during the period of delayed performance after repeated calculation as stipulated in Article 253 of the Civil Procedure Law includes the interest on general debts during the period of delayed performance and the interest on repeated debts.

The general debt interest during the period of delay in performance shall be calculated according to the method determined by the effective legal documents; If the effective legal document does not determine the payment of interest, it will not be calculated.

The calculation method of double partial debt interest is: double partial debt interest = monetary debt other than general debt interest determined by the debtor's non-performance in effective legal documents × daily 1.75‰× delay in performance.

Article 2 The interest on the doubled debt shall be calculated from the date when the performance period specified in the effective legal document expires; If the effective legal document determines the performance by stages, it shall be counted from the date of expiration of each performance period; If the effective legal document does not stipulate the time limit for performance, it shall be counted from the date when the legal document takes effect.

Article 3 The interest on the doubled portion of the debt shall be calculated until the date when the debtor completes the performance; If the person subjected to execution performs by stages, the double interest of the corresponding debt shall be calculated to the date of completion of each performance.

If the people's court transfers or withdraws the deposits, income, dividends, bonuses and other property of the person subjected to execution, the interest on the double part of the corresponding debt shall be calculated to the date of transfer and withdrawal; If the people's court auctions or sells off the property of the person subjected to execution or pays off the debt in kind, it shall be counted from the date when the transaction ruling or the settlement ruling takes effect; If the people's court changes the value of the property of the person subjected to execution by other means, the date of completion of the property change shall prevail.

During the suspension or suspension of execution of effective legal documents and the suspension of execution of retrial, interest on the double debt portion shall not be calculated without the application of the person subjected to execution.

Article 4 If the property of the person subjected to execution is insufficient to pay off all debts, the monetary debts determined in the effective legal documents shall be paid off first, and then the interest on double debts shall be paid off, unless otherwise agreed by the parties.

Article 5 If the effective legal document determines that the payment shall be made in foreign currency, the interest on part of the debt shall be doubled at the rate of 1.75 ‰ of the foreign currency at the time of execution. However, if the executor claims to calculate in RMB, the people's court shall allow it.

If the interest of some debts is calculated in RMB twice, the foreign currency determined in the effective legal documents shall be converted or calculated into RMB before calculation.

If the foreign currency is converted into RMB, the interest on part of the debt will be doubled into RMB according to the middle price of RMB against foreign currency announced by China Foreign Exchange Trading Center or the authorized institution of China People's Bank; Foreign currencies whose median price has not been announced by China Foreign Exchange Trading Center or authorized institutions of the People's Bank of China shall be converted into RMB according to the median price of RMB against foreign currencies of domestic banks on that day, or arbitrage shall be conducted according to the median price of RMB against US dollars of domestic banks and international foreign exchange markets.

Article 6 In the revolving procedure, if the original executor delays the performance of the obligation to pay money, he shall bear double debt interest in accordance with the provisions of this Interpretation.

Article 7 For monetary debts that have not been fully executed at the time of implementation of this Interpretation, the debt interest during the extension period before the implementation of this Interpretation shall be calculated according to the previous provisions; Interest on debts during the period of delayed performance after execution shall be calculated according to this interpretation.

Legal basis:

Article 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Applicable Law for Calculating Debt Interest during Delayed Performance in Execution Procedure is based on Article 253 of the Civil Procedure Law, including general debt interest and double debt interest during delayed performance. The general debt interest during the period of delay in performance shall be calculated according to the method determined by the effective legal documents; If the effective legal document does not determine the payment of interest, it will not be calculated. The calculation method of double partial debt interest is: double partial debt interest = monetary debt other than general debt interest determined by the debtor's non-performance in effective legal documents × daily 1.75‰× delay in performance.