11 types of erroneous enforcement, the court wants to compensate according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Judicial Compensation Cases Involving Enforcement, which will be implemented on March 1, 2022

11 types of wrongful execution, the court wants to compensate

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Judicial Compensation Involving Enforcement, which will be implemented on March 1, 2022, if the court has the following 11 types of erroneous enforcement, the court will ask the state to compensate.

　 Where citizens, legal persons, and other organizations find that there are applications for compensation for damages caused by the following erroneous enforcement conduct, the people's courts shall accept it in accordance with law:

　　(1) Enforcement of legal documents that have not yet entered into force, or clearly exceeding the amount and scope specified in effective legal documents;

　　(2) Where it is discovered that the person subject to enforcement has property available for enforcement, but deliberately delays or fails to enforce enforcement, or should resume enforcement in accordance with law but does not restore it;

　　(3) Illegally enforcing the assets of an outsider in the case, or illegally delivering the funds and materials for the execution of the case to other parties or outsiders;

　　(4) Employing enforcement measures against mortgages, pledges, retentions, retention of title, or other such property, failing to lawfully protect the lawful rights and interests of the above-mentioned rights holders such as the right to be reimbursed in priority;

　　(5) Unlawful enforcement of property that other people's courts have already taken preservation or enforcement measures in accordance with law;

　　(6) Deliberately failing to perform or neglecting to perform supervision duties on assets sealed, seized, or frozen during enforcement;

　　(7) Employing enforcement measures against property that is not suitable for long-term preservation or that is prone to depreciation, and failing to promptly dispose of it or handling it in violation of the law;

　　(8) Illegally auctioning, selling, or redeeming debts in kind, or where it should have been evaluated but not assessed in accordance with law, or where it should have been auctioned but not auctioned in accordance with law;

　　(9) Illegally revoking an auction, selling, or paying a debt in kind;

　　(10) Illegally employing measures such as inclusion in the list of judgment defaulters, restrictions on consumption, or restrictions on leaving the country;

　　(11) Other conduct in which enforcement measures or compulsory measures are taken due to illegal or faulty conduct.

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