Why is the judge unwilling to resume the execution of the ruling? Why is the judge unwilling to resume the execution of the ruling? The law provides us with the protection of our legitimate rights and interests. Of course, it is also a rule that each of us should abide by. In fact, basically everything in life is related to the law.
Here's why judges are reluctant to reinstate enforcement orders.
Why the judge is unwilling to resume the execution of the ruling 1 1. Generally speaking, you can apply for compulsory execution within two years after the judgment takes effect. After two years, you cannot turn to the court to apply for execution; 2. If you apply for compulsory execution by the court once within two years, the court will not
If all or some of the money is not returned after execution, the court will end the case with the "end of this procedure" in order not to exceed the six-month execution period. However, the applicant can always approach the court for enforcement in the future.
Subject to a two-year time limit.
Legal basis: Article 203 of the "Civil Procedure Law of the People's Republic of China" If a party applies for retrial, it shall submit a retrial application and other materials.
The people's court shall send a copy of the retrial application to the other party within five days from the date of receipt of the retrial application.
The other party shall submit written opinions within fifteen days from the date of receipt of a copy of the retrial application; failure to submit written opinions will not affect the People's Court's review.
The People's Court may require the applicant and the other party to supplement relevant materials and inquire about relevant matters.
How to deal with cases where the court refuses to resume execution?
According to Article 24 of the "Interim Provisions on the Filing and Closing of Execution Cases", in cases where there is no property available for execution, the execution procedure cannot be continued within a certain period of time, and the people's court rules to terminate the execution procedure in accordance with regulations, the person applying for execution
If it is discovered that the person subject to execution does have property available for execution and applies to the original execution court for resumption of execution, the following materials shall be submitted: (1) Original basis for execution; (2) Ruling to terminate execution; (3) Application for re-execution; (4)
The party's industrial and commercial registration information or natural person's household registration information, habitual residence and other documents; (5) The person subject to execution does have evidence and materials that can be used for execution of property.
According to the relevant provisions of my country's Civil Procedure Law and the judicial interpretation of the Supreme Court, execution ends in the following situations: 1. The person applying for execution withdraws the application; 2. The legal document based on the execution is revoked; 3. The citizen who is the person subject to execution dies. , there is no inheritance for execution, and there is no obligation bearer; 4. The right holder in the case of claiming alimony, support, or child support dies; 5. The citizen who is the person subject to execution is unable to repay the loan due to difficulty in living, and has no source of income , and loses the ability to work; 6. During the execution, the person subject to execution is declared bankrupt by the people's court; 7. Other circumstances when the people's court believes that the execution should be terminated.
Qualified conditions According to the provisions of Article 257 of the Civil Procedure Law, the People's Court shall rule to terminate execution under any of the following circumstances: the applicant withdraws the application; the legal document based on which the execution is based is revoked; the person who is the person subject to execution shall
When a citizen dies, there is no inheritance for execution, and there is no obligation bearer; when the right holder in the case of claiming alimony, support, or child support dies; when the citizen who is the person subject to execution is unable to repay the loan due to difficulty in living and has no source of income,
Loss of ability to work; other circumstances where the People's Court deems execution should be terminated; being declared bankrupt by the People's Court.
Effectiveness of Termination of Execution Article 258 of the Civil Procedure Law stipulates that a ruling to suspend or terminate execution shall take effect immediately after being served to the parties.
Therefore, there is no question of appeal by the parties.
In addition, if there is an executor who assists during the execution, the final ruling should also be served on them.
The effectiveness of execution termination is reflected in two aspects: (1) Procedural effectiveness.
Once the ruling on the termination of execution takes effect, the execution procedure will be concluded and will not be resumed in the future.
(2) Substantive effectiveness.
After the execution is completed, the court will no longer use judicial force to force the person subject to execution to perform its obligations, nor will it use execution procedures to ensure that the obligee realizes the rights determined in the legal document.
But this does not mean that it denies or overturns the recognition of the rights that the right holders should enjoy in legal documents, but it only means that the law no longer protects them.
The above are the relevant provisions for handling cases where the court refuses to resume execution and are for reference only.
Why the judge is unwilling to resume the execution of the ruling 2 1. Is the execution of the execution of the ruling mandatory? The execution of the ruling is mandatory.
Legally effective civil judgments and rulings, as well as the property portion of criminal judgments and rulings, shall be executed by the people's court of first instance or the people's court at the same level as the people's court of first instance where the property subject to execution is located.