1. In civil proceedings, execution may be suspended or terminated due to legal reasons ruled by the people's court. If the suspension disappears, execution will be resumed.
1, if there is really no executable property, then the court will terminate the execution.
2. If it is found that the person subjected to execution has acquired new property, he may apply to the court again.
Second, the court does not look up the information of the person subjected to execution because in civil proceedings, who generally advocates and who gives evidence. The court is neutral and will not take the initiative to collect evidence unless applied by one party.
Third, the court's termination of execution is legal. After the court terminates execution, it should always pay attention to the whereabouts of the person subjected to execution and his property. If the whereabouts of the person subjected to execution or the place where the property of the person subjected to execution is hidden has been found, relevant evidence should be collected first. With relevant evidence, it can apply to the people's court for resumption of execution.
Fourth, the principle of civil litigation is that whoever advocates it bears the burden of proof. Therefore, if the people's court is required to enforce the defendant's property, there must be property available for execution by the relevant defendant.
5. If the defendant has no property available for execution, or the executable property is hidden and has not been discovered, the applicant must provide evidence of the relevant property available for execution. Unless the evidence that the applicant has no right to obtain according to law can be applied to the people's court for collection, the applicant claiming rights must collect and provide evidence by himself.
How does the applicant find out the property of the person subjected to execution?
(A), the search for money
In the execution of money payment cases, the first execution method to be considered is to pay money, which is simple and easy. Then consider the implementation of the equivalent. The search for money here mainly refers to the search for the bank deposits, due creditor's rights, income that has not been withdrawn in the relevant units, dividends and bonuses due from the relevant enterprises.
Shares held in other joint stock limited companies, investment rights or equity in Sino-foreign joint ventures, limited liability companies and other corporate enterprises, etc. Taking the search for bank deposits as an example, this paper briefly describes several search ways. The key to finding bank deposits is to find out the deposit account and account number of the executed person in the bank. Then the execution measures of inquiry, freezing and transfer can be applied.
1, account and account number provided by the parties. There is a close relationship between the executor of the application and the person subjected to execution in economic exchanges, and the current funds are basically settled by banks, which can be found from the contracts signed by the two parties and the manuscripts of letters, telex and telegrams.
2. Inquire about the account and account number of the person subjected to execution at the People's Bank. According to the regulations of the People's Bank of China, account opening is managed by the People's Bank of China. Therefore, you can check with the local people's bank.
3. Inquire about the account and account number of the person subjected to execution at the industrial and commercial and tax departments in the jurisdiction of the person subjected to execution. Enterprises and institutions have files in the industrial and commercial and tax departments. Both the business registration in the industrial and commercial archives and the tax registration in the tax archives have accounts and account numbers, especially when paying taxes, they are paid through banks, and most of the accounts and account numbers found are in normal use.
4. Use the water, electricity, insurance, post and telecommunications fees paid by the person subjected to execution to find the account and account number in the relevant administrative department.
5. Find the account and account number from the account book of the person subjected to execution. If the person subjected to execution refuses to provide it, he can search the financial department according to law, but the search and access to account books must be done quickly to prevent the person subjected to execution from colluding with the bank to transfer deposits.