The court decision comes into force
The debtor did not take the initiative to perform its obligations
The right holder may apply for enforcement
On court enforcement
Do you have many question marks?
Let's find out
One
Is there a time limit for applying for enforcement?
"The law does not protect those who sleep on their rights", and the Civil Procedure Law of the mainland stipulates that the period for applying for enforcement is two years. The period is calculated from the last day of the performance period specified in the legal instrument; Where legal documents provide for performance in installments, it is calculated from the date on which the last period for performance expires; Where the legal document does not provide for a period of performance, it is calculated from the date on which the legal document takes effect.
【Links to legal provisions】
Article 250 of the Civil Procedure Law of the People's Republic of China provides that the period for applying for enforcement is two years. Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law. The period provided for in the preceding paragraph is calculated from the last day of the period for performance provided for in the legal document; Where legal documents provide for performance in installments, it is calculated from the date on which the last period for performance expires; Where the legal document does not stipulate a period for performance, it is calculated from the date on which the legal document takes effect
Two
Do I still need to provide property clues after applying to the court for enforcement?
Enforcement is not a "one-man operation" of the enforcement judge, and it also requires the active cooperation of the applicant for enforcement. In the process of enforcement, the applicant for enforcement has the legal obligation to provide the property and clues of the person subject to enforcement that can be used for enforcement. Although the court's inspection and control system is becoming more and more perfect, it cannot cover all types of property of the person subject to enforcement, such as cash income. In this case, the applicant for enforcement can actively provide property clues to the court based on his understanding of the person subject to enforcement, which is more conducive to improving the accuracy of the search and the efficiency of enforcement. Clues about the property of the person subject to enforcement include, but are not limited to:
1. Immovable property: the location of the immovable property in the name of the person subject to enforcement, the property right certificate number, etc.;
2. Vehicle: the license plate number and storage location of the vehicle under the name of the person subject to enforcement;
3. Bank deposits: bank deposit accounts and opening banks in the name of the person subject to enforcement;
4. Provident fund: the provident fund account under the name of the person subject to enforcement and the management center to which it belongs;
5. Stocks, funds, investment insurance, intellectual property rights, copyrights, company equity, etc. in the name of the person subject to enforcement.
【Links to legal provisions】
Article 1 of the Provisions of the Supreme People's Court on Several Issues Concerning Property Investigation in Civil Enforcement: During the enforcement process, the person applying for enforcement shall provide clues about the property of the person subject to enforcement; The person subject to enforcement shall truthfully report the assets; People's courts shall conduct investigations through the online enforcement investigation and control system, and where other methods shall be used to conduct investigations as needed for the case, other methods of investigation are to be employed at the same time.
Three
What measures will the court take after entering the enforcement process?
1. Issue an enforcement notice or an order to report assets to the person subject to enforcement, ordering him to perform his obligations and report his assets within the time limit.
2. Use online investigation and control systems or offline investigations to investigate and control the judgment debtor's bank deposits, real estate, securities, vehicles, equity, and other assets, and employ enforcement measures such as sealing, freezing, or seizing the relevant assets. In cases where there is property available for enforcement, the property will be assessed and auctioned in accordance with the law.
3. For those who do not take the initiative to perform the obligations set forth in the effective documents, the court will take compulsory measures such as restricting high consumption, being included in the list of judgment defaulters, detention, and imposing fines. where the circumstances are serious, criminal responsibility will be pursued for the crime of refusing to enforce the judgment or ruling.
【Links to legal provisions】
Article 114 of the "Civil Procedure Law of the People's Republic of China" Where litigation participants or other persons exhibit any of the following conduct, the people's courts may impose fines or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law:
(1) Fabricating or destroying important evidence, obstructing the people's court's trial of a case;
(2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony;
(3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen;
(4) Insulting, defaming, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, evaluators, inquest personnel, or persons assisting in enforcement;
(5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties;
(6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect.
People's courts may fine or detain units that exhibit any of the conduct provided for in the preceding paragraph; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Article 252:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, they shall report on their current and property situation in the year prior to receiving the enforcement notice. Where the person subject to enforcement refuses to make a report or makes a false report, the people's court may fine or detain the person subject to enforcement or their legally-designated representative, the principal responsible person of the relevant unit, or the directly responsible personnel on the basis of the severity of the circumstances.
Article 253:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, stocks, and fund shares, from the relevant units. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform. When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.
Article 254:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to withhold and withdraw the portion of the income that the person subject to enforcement shall perform on the obligations. However, the necessary living expenses of the person subject to enforcement and the family members he or she supports shall be retained. When a people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the unit to which the person subject to enforcement, banks, credit cooperatives, and other units with savings operations belong.
Article 255:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligation. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained. The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.
Article 266:Where the person subject to enforcement does not perform the obligations set forth in legal documents, the people's courts may employ or notify relevant units to assist in employing restrictions on leaving the country, recording information on non-performance of obligations in the credit reporting system, publishing information through the media, and other measures provided for by law.
Article 1 of the "Several Provisions of the Supreme People's Court on the Publication of Information on the List of Judgment Defaulters" Where persons subject to enforcement fail to perform the obligations set forth in effective legal documents, and have any of the following circumstances, the people's courts shall include them in the list of judgment defaulters and give them credit punishments in accordance with law: (1) Refusing to perform the obligations set forth in effective legal documents despite having the ability to perform; (2) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats; (3) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets; (4) Violating the property reporting system; (5) Violating an order restricting spending; (6) Refusal to perform on the enforcement of the settlement agreement without a legitimate reason.
Article 1 of the "Several Provisions of the Supreme People's Court on Restricting High Consumption and Related Consumption by Persons Subject to Enforcement" Where a person subject to enforcement fails to perform the payment obligations set forth in the effective legal documents within the period specified in the enforcement notice, the people's court may adopt measures to restrict consumption and restrict his high consumption and related consumption that is not necessary for life or business. The people's courts shall employ measures to restrict spending on persons subject to enforcement who are included in the list of judgment defaulters.
Article 3: Where the person subject to enforcement is a natural person, after measures to restrict consumption are employed, they must not engage in the following high-spending or consumption behaviors that are not necessary for life or work:
(1) When taking a means of transportation, choose a second-class or higher cabin on an airplane, a soft sleeper on a train, or a ship;
(2) Engaging in high spending in places such as guesthouses, hotels, nightclubs, golf courses, etc., at or above the star level;
(3) Purchasing real estate or newly-built, expanded, or high-grade renovated houses;
(4) Leasing high-end office buildings, hotels, apartments and other places for office;
(5) Purchase of vehicles not necessary for business operations;
(6) Tourism, vacation;
(7) The children attend high-fee private schools;
(8) Paying high premiums to purchase insurance and wealth management products;
(9) Other consumption behaviors that are not necessary for life and work, such as taking all seats on G-prefix EMU trains and first-class or higher seats on other EMU trains. Where the person subject to enforcement is a unit, after measures to restrict spending are employed, the person subject to enforcement, their legally-designated representatives, principle responsible persons, directly responsible personnel influencing the performance of debts, and actual controllers must not carry out the conduct provided for in the preceding paragraph. Where personal property is used for private consumption to carry out the acts provided for in the preceding paragraph, an application may be submitted to the enforcing court. If the enforcement court's review is true, it shall be permitted.
Four
Can the court locate the person subject to enforcement in real time?
Positioning is a technical investigative method adopted by public security organs in criminal investigations, and has its strict scope of application. In the course of enforcement, the court may take compulsory enforcement measures such as sealing, freezing, seizing, appraising, and auctioning the property of the person subject to enforcement, and take compulsory measures such as fines, detention, inclusion in the list of judgment defaulters, and restrictions on high consumption and related consumption against the person subject to enforcement.
【Links to legal provisions】
Article 263 of the "Provisions on Procedures for the Handling of Criminal Cases by Public Security Organs": After a case is filed, public security organs may, as needed for the investigation of crimes, employ technical investigative measures in the following cases of crimes that seriously endanger society:
(1) Cases of crimes endangering national security, terrorist activities, underworld organized crimes, or major drug crimes;
(2) Cases of serious violent crimes such as intentional homicide, intentional injury causing serious injury or death, rape, robbery, kidnapping, arson, explosion, or disseminating dangerous substances;
(3) Cases of group, serial, or cross-regional major crimes;
(4) Cases of major crimes committed through the use of telecommunications, computer networks, delivery channels, and so forth, as well as cases of major crimes committed against computer networks;
(5) In other cases of crimes that seriously endanger society, a sentence of 7 years or more imprisonment might be given in accordance with law.
Public security organs may employ technical investigative measures necessary for the pursuit of a criminal suspect or defendant who is wanted or who has been approved or decided to arrest a fugitive criminal suspect or defendant
Five
Why is there a situation where the case is finally closed?
"Final Version" is the abbreviation of "Termination of the Enforcement Procedure", which is a way for the court to temporarily terminate the enforcement procedure in accordance with the law in cases where there is no property available for enforcement or the property cannot be disposed of temporarily. The "final version" only temporarily suspends the case enforcement procedures, rather than exempting the person subject to enforcement from its obligations, and credit punishment measures that have already been taken, such as dishonesty, restrictions on spending, and restrictions on leaving the country, are still effective. After the "final version", if the applicant for enforcement finds that the person subject to enforcement has property available for enforcement, he may apply to the enforcement court for resumption of enforcement.
【Links to legal provisions】
"Opinions of the Supreme People's Court on Several Issues Concerning the Filing and Closure of Enforcement Cases" Article 16: In any of the following circumstances, the case may be closed by "concluding the current enforcement procedures":
(1) The person subject to enforcement truly has no property available for enforcement, and the person applying for enforcement agrees in writing to the people's court to terminate the enforcement procedure;
(2) Enforcement has been suspended for two years because the person subject to enforcement has no property, and upon investigation it is verified that the person subject to enforcement truly has no property available for enforcement;
(3) The person applying for enforcement clearly states that it cannot provide clues about the property or property of the person subject to enforcement, and after the people's court has exhausted the property investigation measures, it expresses its written approval of the people's court's determination that the person subject to enforcement has no property available for enforcement;
(4) The property of the person subject to enforcement cannot be auctioned or sold, or the movable property has been auctioned twice, or the immovable property or other property rights have been auctioned off three times, and the person applying for enforcement refuses to accept it or cannot deliver it to him for repayment of debts in accordance with law, and the people's court has exhausted property investigation measures, and the person subject to enforcement truly has no other property available for enforcement;
(5) After the people's court has exhausted the property investigation measures, the person subject to enforcement truly has no property to be enforced, or although it has property but it is not suitable for compulsory enforcement, and the parties have reached a settlement agreement to perform in installments, and the performance has not been completed;
(6) The person subject to enforcement truly has no property to be enforced, and the person applying for enforcement belongs to a group of people living in extreme poverty, and the enforcing court has already given him appropriate relief.
After the people's court rules to terminate the current enforcement procedure, if it is discovered that the person subject to enforcement has property, it may resume enforcement on the application of the person applying for enforcement or ex officio. Where the person applying for enforcement applies for resumption of enforcement, it is not subject to the time limit for applying for enforcement.