According to Article 236 of the Civil Procedure Law of People's Republic of China (PRC), the parties must perform legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for execution, or the judge may transfer it to the person subjected to execution for execution. Mediation and other legal documents that should be executed by the people's court must be fulfilled by the parties. If one party refuses to perform, the other party may apply to the people's court for execution.
Referring to Article 240th of the Civil Procedure Law of People's Republic of China (PRC), the person subjected to execution shall, after receiving the application for execution or handing it over for execution, issue a notice of execution to the person subjected to execution, and may immediately take enforcement measures.
Extended data
According to the provisions of Article 228 of the Civil Procedure Law of People's Republic of China (PRC), execution shall be carried out by the executing agency.
When taking enforcement measures, the enforcement personnel shall produce their certificates. After the execution is completed, a written record of execution shall be made and signed or sealed by the relevant personnel present. The people's court may set up enforcement agencies as needed.
Referring to Article 230 of the Civil Procedure Law of People's Republic of China (PRC), in the course of execution, if both parties reach an agreement through self-reconciliation, the executor shall record the contents of the agreement in the record, which shall be signed or sealed by both parties.
If the executor of the application reaches a settlement agreement with the person subjected to execution due to fraud or coercion, or the parties fail to perform the settlement agreement, the people's court may, upon the application of the parties, resume the execution of the original effective legal documents.
Referring to Article 231 of the Civil Procedure Law of People's Republic of China (PRC), in the process of execution, the person subjected to execution provides a guarantee to the people's court, and the people's court may decide to suspend execution and the time limit for suspending execution with the consent of the person applying for execution. If the person subjected to execution fails to perform 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.
According to Article 239 of the Civil Procedure Law of People's Republic of China (PRC), the time limit for applying for execution is two years. Where an application is made for suspension or interruption of the limitation of execution, the relevant provisions of the law on suspension or interruption of the limitation of action shall apply.
The period specified in the preceding paragraph shall be counted from the last day of the performance period determined by legal documents; If the legal document stipulates that the performance shall be performed by stages, it shall be counted from the last day of each performance period; If the legal document does not stipulate the time limit for performance, it shall be counted from the date when the legal document takes effect.
Referring to Article 241 of the Civil Procedure Law of People's Republic of China (PRC), if the person subjected to execution fails to perform the obligations specified in the legal documents according to the enforcement notice, he shall report the current property status and the property status one year before the date of receiving the enforcement notice. If the person subjected to execution refuses to make a report or makes a false report, the people's court may, according to the seriousness of the case, impose a fine or detain the person subjected to execution or his legal representative, the principal responsible person of the relevant unit or the person directly responsible.
Referring to Article 242nd of the Civil Procedure Law of People's Republic of China (PRC), if the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits, bonds, stocks, fund shares and other properties of the person subjected to execution. From the relevant units. The people's court has the right to seal up, freeze, transfer or change the price of the property of the person subjected to execution according to different circumstances. The property inquired, sealed up, frozen, transferred or changed in price by the people's court shall not exceed the scope of obligations that the person subjected to execution shall perform.
When the people's court decides to seal up, freeze, transfer or change the value of property, it shall make a ruling and issue a notice of assistance in execution, and the relevant units must handle it.
Referring to Article 243rd of the Civil Procedure Law of People's Republic of China (PRC), if the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to detain and withdraw the income from which the person subjected to execution should perform the obligations. However, the necessary living expenses of the person subjected to execution and his dependents shall be retained.
When withholding or withdrawing income, the people's court shall make a ruling and issue a notice of assistance in execution, which must be handled by the unit where the person subjected to execution works, banks, credit cooperatives and other units with savings business.
Referring to Article 244 of the Civil Procedure Law of People's Republic of China (PRC), if the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to seal up, detain, freeze, auction or sell off the property that the person subjected to execution should perform. However, the necessities of life of the person subjected to execution and his dependents shall be retained. The adoption of the measures mentioned in the preceding paragraph shall be decided by the people's court.
Referring to Article 254 of the Civil Procedure Law of People's Republic of China (PRC), after the people's court takes the enforcement measures stipulated in Articles 242, 243 and 244 of this law, if the person subjected to execution is still unable to repay his debts, he shall continue to perform his obligations. If the creditor finds that the person subjected to execution has other property, he may request the people's court for execution at any time.
Ministry of Justice-People's Republic of China (PRC) Civil Procedure Law