Legal subjectivity:
According to the provisions of Chapter 22 of the "Civil Procedure Law", the usual methods and means of enforcement by the people's courts of our country are as follows: 1. Inquiry, freezing, Transfer the deposits of the person being applied for execution. Inquiry refers to the activities in which the people's courts investigate and inquire about banks, credit cooperatives and other units or examine and inquire about the deposit status of the respondent. Freezing refers to a compulsory measure taken by the People's Court against the deposits of the person being applied for execution in banks, credit cooperatives and other financial institutions when conducting litigation preservation or compulsory execution, which prohibits them from withdrawing or transferring. When the people's court takes freezing measures, it shall not freeze the special funds specified by the state in the bank account of the person subject to execution. However, if the person subject to execution uses these names to conceal funds to avoid performing obligations, the people's court may freeze them. The maximum period for freezing the deposits of the person subject to execution is six months. If it is necessary to continue to freeze, the freezing procedures should be completed with banks, credit unions, etc. before the freeze expires. Otherwise, if the freeze is not processed within the time limit, the freeze will be deemed to be automatically lifted. Transfer refers to an enforcement measure in which the people's court transfers the deposits of the legal person or other organization that is the person being applied for execution through banks, credit cooperatives and other units into the account of the person applying for execution according to the amount specified in the notice of assistance in enforcement by the people's court. Deposit transfers can be made on a frozen basis, or transferred directly without freezing. When the people's court takes measures such as inquiry, freezing, and transfer, it may directly submit the request to bank offices, savings banks, and credit cooperatives without the consent of their superior authorities. Foreign people's courts can directly inquire, freeze and transfer deposits at banks and credit unions where the person subject to execution is domiciled and the property subject to execution is located, without the consent of the local people's court or transfer procedures. Local banks and credit unions must assist in the process and may not refuse or prevaricate for any reason such as deducting due loans or loan interest. If the person refuses to assist, the people's court may impose a fine in accordance with the provisions of the Civil Procedure Law and recommend disciplinary sanctions to the supervisory authority or relevant authorities. 2. Detain and withdraw the income of the person being applied for execution. Article 222 of the "Civil Procedure Law" stipulates: "If the person subject to execution fails to perform the obligations specified in the legal document according to the execution notice, the people's court has the right to withhold and withdraw the income of the person subject to execution who should perform the obligations. However, the executor and his/her belongings shall be retained. Necessary living expenses for supporting family members. When the people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, and the unit where the person subject to execution is located, banks, credit cooperatives and other units with savings business must handle it. "In enforcement practice. In , withholding and withdrawing the income of the person subject to execution is an enforcement measure often used by the People's Court. Withholding and withdrawal are two closely related enforcement measures. Withholding is a temporary measure. It temporarily withholds the income of the person being applied for execution and keeps it in the original unit. It is not allowed to use or transfer it, so as to encourage it to work within a limited period. Fulfill obligations within the deadline. If the performance is still not fulfilled within the time limit, the income can be withdrawn and delivered to the person applying for execution. 3. Seal, detain, auction, and sell off the property of the person subject to execution. If the person subject to execution fails to perform his obligations in accordance with the execution notice, the people's court has the right to seal up, detain, auction, or sell off the property of the person subject to execution who is required to perform his obligations. Seizure is a temporary measure, which refers to an execution measure in which the people's court seals the relevant property of the person being applied for execution, seals it up on the spot, and does not allow anyone to transfer or handle it. Auction is a public and competitive manner in which the People's Court sells the property of the person subject to execution at the highest price on the spot. Sale refers to a measure to force the sale of the property of the person being applied for execution and use the proceeds to pay off the debt. If the People's Court needs to sell off the property of the person subject to execution during execution, it can hand it over to the relevant unit for sale, or the People's Court can sell it directly. If the property is sold directly by the people's court, before the sale, the opinions of the relevant price departments should be sought on the price issue, and the sale price should be reasonable. The deposits and income detained and withdrawn by the people's court, and the money obtained from the auction and sale of the property of the person subject to execution shall be delivered to the person applying for execution in a timely manner, and the execution procedure shall be concluded. 4. Search the hidden property of the person being applied for execution. During the execution process, it will also happen that the person being applied for execution not only fails to perform the obligations specified in the legal document overdue, but also transfers the property and refuses to explain his true property status to the people's court.
In response to these situations, Paragraph 1 of Article 227 of the Civil Procedure Law stipulates: "If the person subject to execution fails to perform the obligations specified in the legal document and conceals his property, the people's court has the right to issue a search warrant to search for the person subject to execution and his residence or property. Search in a concealed manner. "During the search, if any property that should be sealed or seized in accordance with the law is discovered, the enforcement officer shall seal or seize it in accordance with the provisions of the Civil Procedure Law. If it is too late to make a sealing or detaining ruling, the sealing or detaining ruling can be made first and then reissued within 48 hours. 5. Force the person subject to execution to deliver the property or documents specified in the legal document. If the people's court's judgment, ruling, mediation document and other legal documents that should be executed by the court designate one party to deliver property or tickets, the execution personnel shall, on the basis of doing a good job in the ideological work of the person being applied for execution, summon both parties to appear in court or At the designated place, the property or tickets delivered by the legal document by the person being applied for execution shall be directly delivered to the person applying for execution for signature. If the person subject to execution is unwilling to deliver the goods in person, he can also hand over the property or bills payable to the execution personnel first, and the execution personnel will hand them over. If an individual citizen other than the party concerned holds the property or bills, the people's court shall notify him or her to hand it over. If the person still refuses to hand it over after education, the people's court may enforce the law and impose a fine in accordance with Article 103 of the Civil Procedure Law. It may also recommend to the supervisory authority or relevant unit that disciplinary sanctions be imposed. If the relevant unit holds the property or ticket, the people's court shall issue a notice of assistance in enforcement to the unit, which shall be forwarded by the relevant unit. If the relevant units or individuals hold property or tickets specified in the legal document for delivery and are damaged or lost due to their fault, the people's court may order the holder to compensate. If compensation is refused, the people's court may rule on enforcement based on the actual value of the property subject to enforcement or the actual value of the instrument. 6. Force the person subject to execution to move out of the house or withdraw from the land. Forced eviction of a house or withdrawal of land refers to an enforcement measure in which the enforcement agency of the people's court forcibly removes the property of the person subject to execution in the house or on specific land, vacates the house or land, and hands it to the person applying for execution. 7. Enforce the behavior specified in legal documents. This is a special coercive measure in which the execution personnel of the people's court compel the person subject to execution to complete the specified behavior in accordance with the provisions of the legal document. 8. Mandatory double payment of debt interest and payment of delayed performance fines during the period of delayed performance. Double payment of debt interest during the period of delayed performance means that the obligation of the person being applied for execution is to deliver money. While forcing him to perform his obligation and pay money according to law, the interest on his debt during the period of delayed performance of his obligation must be doubled from the original debt interest. , calculated based on the bank's highest loan interest rate for the same period, calculated from the day after the expiration of the designated delivery date of judgments, rulings and other legal documents until the date of performance of its obligations. Another situation is when the person being applied for execution fails to perform the non-monetary payment obligation within the period specified in the judgment, ruling and other legal documents. Because the delay in performance has caused losses to the person applying for execution, a delay performance fee should be paid. The amount of delayed performance damages may be determined separately by the people's court based on the specific circumstances of the case. When the people's court issues an execution notice in accordance with Article 220 of the Civil Procedure Law, in addition to ordering the person subject to execution to perform the obligations specified in the legal document, it shall also notify the person to pay interest on the debt or delay payment during the period of delayed performance. Among these two measures, there are both compensation for losses to the person applying for execution and sanctions against the person subject to execution. 9. Compulsory procedures for transferring relevant property rights certificates. Article 230 of the "Civil Procedure Law" stipulates: "During execution, if it is necessary to go through the transfer procedures of relevant property rights certificates, the People's Court may issue a notice of assistance in execution to the relevant units, and the relevant units must handle it." "Relevant property rights certificates" refers to the real estate Property rights certificates for real estate or specific movables such as land certificates, forest ownership certificates, patent and trademark certificates, vehicle licenses, etc. During the execution process, some properties change their rights holders after execution. Only when the transfer procedures of the property rights certificate are completed can the execution task be completely completed. When the execution personnel of the People's Court handle the transfer procedures of these licenses, they need to issue a notice of assistance in execution to the relevant units, specify the specific requirements, and notify the relevant units to assist in the processing. The relevant units have the obligation to assist in the processing. The law is objective:
"Civil Procedure Law of the People's Republic of China"
Article 233
The people's court has not executed the application for more than six months since it received the execution letter. , the person applying for execution may apply to the people's court at the next higher level for execution.
After review, the people's court at the next higher level may order the original people's court to implement within a certain period of time, or may decide to have this court implement the case or instruct another people's court to implement it.
"Civil Procedure Law of the People's Republic of China"
Article 243
In a legally effective civil judgment or ruling, the parties must be fulfilled. If one party refuses to perform, the other party may apply to the People's Court for enforcement, or the judge may transfer the matter to an execution officer for enforcement.
Mediation letters and other legal documents that should be executed by the people's court must be performed by the parties. If one party refuses to perform, the other party may apply to the People's Court for enforcement.
"Civil Procedure Law of the People's Republic of China"
Article 249
The person subject to execution fails to perform legal documents in accordance with the execution notice For certain obligations, the people's court has the right to inquire from relevant units about the deposits, bonds, stocks, fund shares and other property status of the person subject to execution. The people's court has the power to seize, freeze, transfer, and change the value of the property of the person subject to execution based on different circumstances. The property inquired, seized, frozen, transferred, and valuated by the People's Court shall not exceed the scope of the obligations that the person subject to execution shall perform.
When the people's court decides to seize, freeze, transfer or devalue property, it shall make a ruling and issue a notice of assistance in execution, and the relevant units must handle it.
"Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China"
Article 480
People's Court An execution notice shall be issued within ten days after receipt of the application for execution or transfer of execution.
In addition to ordering the person subject to execution to perform the obligations specified in the legal document, the execution notice should also notify him or her to bear the interest for delay in performance or the penalty for delay in performance as stipulated in Article 260 of the Civil Procedure Law.