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Judicial Interpretation of Civil Procedure Law in 217: Implementation Procedure
XXI. Execution Procedures

Article 462 A legally effective ruling on the realization of security interests, a ruling confirming the mediation agreement and a payment order shall be executed by the people's court that made the ruling or payment order or the people's court at the same level where the property under execution is located.

in the case of a judgment that the property is ownerless, the people's court that made the judgment will take the ownerless property back to the state or the collective.

Article 463 An effective legal document that a party applies to a people's court for execution shall meet the following conditions:

(1) The subject of rights and obligations is clear;

(2) The payment content is clear.

if the legal document determines to continue to perform the contract, it shall specify the specific content of the continued performance.

article 464 according to article 227 of the civil procedure law, if an outsider raises an objection to the execution target, it shall do so before the execution procedure of the execution target ends.

Article 465 Objections raised by outsiders to the subject matter of execution shall be dealt with according to the following circumstances after examination:

(1) If outsiders do not enjoy enough rights and interests to exclude enforcement, an order shall be made to reject their objections;

(2) If the outsider enjoys enough rights and interests in the subject matter of execution to exclude enforcement, the execution shall be suspended.

the people's court shall not punish the object of execution within fifteen days from the date when the objection ruling is delivered to the outsider.

article 466 if the executor of the application requests to suspend execution or withdraw the application for execution after reaching a settlement agreement with the person subjected to execution, the people's court may order to suspend execution or terminate execution.

article 467 if one party fails to perform or fails to fully perform the settlement agreement reached by both parties voluntarily during the execution, and the other party applies for the execution of the original effective legal document, the people's court shall resume the execution, but the fulfilled part of the settlement agreement shall be deducted. If the settlement agreement has been fulfilled, the people's court shall not resume execution.

article 468 the provisions of article 239 of the civil procedure law shall apply to the application for resuming the execution of the original legal documents. The application execution period is interrupted by reaching an ongoing settlement agreement, and the period is recalculated from the last day of the performance period agreed in the settlement agreement.

article 469 if the people's court decides to suspend execution in accordance with the provisions of article 231 of the civil procedure law, if the guarantee has a time limit, the time limit for suspension of execution shall be the same as that of the guarantee, but the longest time shall not exceed one year. If the person subjected to execution or the guarantor transfers, conceals, sells or damages the guaranteed property during the suspension of execution, the people's court may resume compulsory execution.

article 47 where an execution guarantee is provided to the people's court in accordance with article 231 of the civil procedure law, the person subjected to execution or another person may provide a property guarantee or another person may provide a guarantee. The guarantor shall have the ability to perform or bear the liability for compensation on his behalf.

if another person provides an execution guarantee, it shall issue a guarantee to the execution court and send a copy of the guarantee to the applicant for execution. Where the person subjected to execution or others provide property guarantee, they shall go through the corresponding procedures with reference to the relevant provisions of the Property Law and the Guarantee Law.

article 471 if the person subjected to execution still fails to perform his obligations after the expiration of the time limit for suspension of execution decided by the people's court, the people's court may directly execute the guaranteed property or order the execution of the guarantor's property, provided that the execution of the guarantor's property is limited to the part of the guarantor that should perform his obligations.

article 472 in accordance with the provisions of article 232 of the civil procedure law, if the legal person or other organization that is the subject of execution is divided or merged, the people's court may rule that the changed legal person or other organization is the subject of execution; If it is cancelled, if there is a successor of rights and obligations in accordance with the relevant substantive law, it can be ruled that the successor of rights and obligations is the person subjected to execution.

article 473 if other organizations are unable to perform the obligations specified in legal documents during the execution, the people's court may order the execution of the property of the legal person or individual citizen who is legally obligated to the other organizations.

article 474 in the course of execution, if the name of the legal person or other organization as the person subjected to execution changes, the people's court may rule that the changed legal person or other organization is the person subjected to execution.

article 475 if a citizen who is the person subjected to execution dies and the heir of his estate does not give up his inheritance, the people's court may make a ruling to change the person subjected to execution, and the successor shall pay off the debts within the scope of the estate. If the heir renounces inheritance, the people's court may directly execute the estate of the person subjected to execution.

article 476 after the execution of other legal documents stipulated by law to be executed by the people's court, if such legal documents are revoked by the relevant organs or organizations according to law, the provisions of article 233 of the civil procedure law shall apply upon the application of the parties concerned.

article 477 if part of the matters decided by the arbitration institution falls under the circumstances specified in the second and third paragraphs of article 237 of the civil procedure law, the people's court shall rule that the part shall not be executed.

if the part that should not be enforced is inseparable from other parts, the people's court shall rule that the arbitral award should not be enforced.

article 478 in accordance with the provisions of paragraphs 2 and 3 of article 237 of the civil procedure law, after the people's court has ruled that the arbitral award shall not be executed, if the parties raise objections to the execution or reconsideration of the ruling, the people's court shall not accept it. The parties may reach a new written arbitration agreement on the civil dispute and apply for arbitration, or they may bring a suit in a people's court.

article 479 in the course of execution, if the person subjected to execution confirms the property sealed up, seized or frozen by the people's court or divides it to an outsider through arbitration procedures, the execution procedures of the people's court shall not be affected.

if an outsider refuses to accept the case, he may raise an objection according to the provisions of article 227 of the civil procedure law.

Article 48 Under any of the following circumstances, it may be deemed that the notarized creditor's rights document stipulated in the second paragraph of Article 238 of the Civil Procedure Law is indeed wrong:

(1) The notarized creditor's rights document belongs to the creditor's rights document that cannot be given enforcement effect;

(2) The party subjected to execution fails to appear in person or entrust an agent for notarization, which seriously violates the notarization procedures stipulated by law;

(3) the contents of the notarized creditor's rights document are inconsistent with the facts or violate the mandatory provisions of the law;

(4) the notarized creditor's rights document does not specify that the person subjected to execution agrees to accept compulsory execution when he fails to perform his obligations or fails to fully perform his obligations.

if the people's court determines that the execution of the notarized creditor's rights document is contrary to the interests of the public, it shall order not to execute it.

after the notarized creditor's rights document is ruled not to be executed, the parties and the interested parties of the notarized matter may bring a lawsuit on the creditor's rights dispute.

article 481 if a party requests not to execute an arbitral award or notarized creditor's rights documents, it shall submit the request to the enforcement court before the execution ends.

article 482 the people's court shall issue a notice of execution within 1 days after receiving the application for execution or handing over the execution.

the notice of execution shall not only order the person subjected to execution to perform the obligations specified in the legal documents, but also inform him to bear the interest or payment for delayed performance stipulated in Article 253 of the Civil Procedure Law.

article 483 where an applicant for enforcement applies to a people's court for compulsory execution within the time limit for application execution, the people's court shall accept it. If the person subjected to execution raises an objection to the application during the limitation period, and the people's court finds that the objection is established after examination, it shall make a ruling not to execute it.

after the person subjected to execution has fulfilled all or part of his obligations, the people's court will not support him if he requests execution reversal on the grounds that he does not know the expiration of the limitation period for application for execution.

article 484 if the person subjected to execution, the legal representative, the person in charge or the actual controller of the person subjected to execution who must accept the investigation and inquiry refuses to attend the scene without justifiable reasons after being summoned according to law, the people's court may compel him to attend the scene.

the people's court shall promptly investigate and inquire about the detained descendant, and the time for investigation and inquiry shall not exceed eight hours; If the situation is complicated and detention measures may be taken according to law, the time for investigation and inquiry shall not exceed twenty-four hours.

when the people's court takes measures of subpoena outside its jurisdiction, it may subpoena the detained person to the local people's court, and the local people's court shall provide assistance.

article 485 the people's court has the right to inquire about the identity information and property information of the person subjected to execution, and the units and individuals with relevant information must handle it in accordance with the notice of assistance in execution.

article 486 the people's court shall not dispose of the executed property unless it has been sealed up, seized or frozen. For all kinds of property that can be directly deducted, such as bank deposits, the deduction ruling of the people's court also has the legal effect of freezing.

article 487 the time limit for the people's court to freeze the bank deposits of the person subjected to execution shall not exceed one year, the time limit for sealing up or distraining movable property shall not exceed two years, and the time limit for sealing up immovable property and freezing other property rights shall not exceed three years.

if the executor applies for an extension of the time limit, the people's court shall go through the formalities for further sealing up, distraining and freezing before the expiration of the time limit for sealing up, distraining and freezing, and the time limit for further sealing up, distraining and freezing shall not exceed the time limit specified in the preceding paragraph.

the people's court may also handle the formalities of continued sealing up, seizure and freezing ex officio.

article 488 in accordance with the provisions of article 247 of the civil procedure law, if the people's court needs to auction the property of the person subjected to execution, it may organize the auction by itself or entrust it to an auction institution with corresponding qualifications.

if it is submitted to an auction institution for auction, the people's court shall supervise the auction activities.

article 489 if the auction evaluation needs to inspect or inspect the site, the people's court shall order the person subjected to execution and the obligor for assistance to cooperate. If the person subjected to execution or the obligor for assistance refuses to cooperate, the people's court may enforce it.

article 49 if the people's court needs to sell the property of the person subjected to execution, it may hand it over to the relevant unit for sale, or it may be sold directly by the people's court.

the people's court or its staff shall not buy the property sold.

article 491 with the consent of the application executor and the person subjected to execution, and provided that the lawful rights and interests of other creditors and the interests of the public are not harmed, the people's court may directly hand over the property of the person subjected to execution to the application executor at a fixed price to compensate the debts without auction or sale. The person subjected to execution shall continue to pay off the remaining debts.

Article 492 Where the property of the person subjected to execution cannot be auctioned or sold, the people's court may, with the consent of the application executor and without prejudice to the legitimate rights and interests of other creditors and the interests of the public, price the property and deliver it to the application executor to pay off the debts, or deliver it to the application executor for management; If the application executor refuses to accept or manage it, it shall be returned to the person subjected to execution.

article 493 if an auction is concluded or it is decided to pay off debts with goods according to legal procedures, the ownership of the subject matter shall be transferred when the auction conclusion ruling or the debt-paying ruling is delivered to the buyer or the creditor who accepts the debt-paying goods.

article 494 where the subject matter of execution is a specific object, the original object shall be executed. If the original thing has been damaged or lost, it may be compensated at a discount with the consent of both parties.

if both parties fail to reach an agreement on the discount compensation, the people's court shall terminate the execution procedure. The executor of the application may sue separately.

article 495 if another person holds the property or tickets designated for delivery by legal documents, and the people's court refuses to hand them over after issuing a notice of assistance in execution in accordance with the provisions of paragraphs 2 and 3 of article 249 of the civil procedure law, it may be enforced, and it may be handled in accordance with the provisions of articles 114 and 115 of the civil procedure law.

if property or tickets are damaged or lost during the holding period of others, it shall be handled with reference to the provisions of article 494th of this interpretation.

if others claim to legally hold property or tickets, they may raise execution objections according to the provisions of article 227 of the civil procedure law.

article 496 in the course of execution, if the person subjected to execution conceals property, accounting books and other materials, the people's court shall, in addition to handling the matter in accordance with item 6 of paragraph 1 of article 111 of the civil procedure law, order the person subjected to execution to hand over the hidden property, accounting books and other materials. If the person subjected to execution refuses to hand it over, the people's court may take search measures.

article 497 search personnel shall dress in accordance with the regulations and produce search warrants and work certificates.

article 498 when a people's court conducts a search, irrelevant personnel are prohibited from entering the search site; If the object of search is a citizen, the person subjected to execution or his adult family members and grass-roots organizations shall be notified to send personnel to be present; If the object of the search is a legal person or other organization, the legal representative or principal responsible person shall be notified to be present. Those who refuse to be present at the scene will not affect the search.

searching a woman's body should be carried out by a female executive.

article 499 the property found in the search that should be sealed up or detained according to law shall be handled in accordance with the provisions of paragraph 2 of article 245 and article 247 of the civil procedure law.

article 5 a search record shall be made, which shall be signed, stamped or sealed by the searcher, the searched person and other people present. Those who refuse to sign, stamp or seal shall be recorded in the search record.

article 51 the people's court may make an order to freeze the creditor's rights when enforcing the creditor's rights due to another person, and notify the other person to perform them to the applicant.

if the other person has any objection to the due creditor's rights, the people's court will not support the application for enforcement of the objection. If an interested party has any objection to the due creditor's rights, the people's court shall handle it in accordance with the provisions of Article 227 of the Civil Procedure Law.

the people's court will not support the creditor's rights due as determined in the effective legal documents if the other person denies them.

article 52 if the people's court needs to go through the formalities of transferring property rights certificates such as real estate license, land certificate, forest right certificate, patent certificate, trademark certificate, vehicle and vessel license, it may do so in accordance with the provisions of article 251 of the civil procedure law.

article 53 if the person subjected to execution fails to perform the behavioral obligation specified in the effective legal document, and the obligation can be fulfilled by others, the people's court may select the person to perform it on his behalf; Where laws and administrative regulations are qualified to restrict the performance of this obligation, they shall be selected from qualified people. When necessary, the agent may be determined through bidding.

the applicant executor may recommend the executor among qualified people, or apply to perform on his own behalf, and the people's court shall decide whether to approve or not.

article 54 the amount of agency performance fee shall be determined by the people's court according to the specific circumstances of the case, and shall be paid in advance by the person subjected to execution within the specified time limit. If the person subjected to execution fails to pay in advance, the people's court may enforce the fee.

after the agency performance, the person subjected to execution can consult and copy the expense list and main vouchers.

article 55 if the person subjected to execution fails to perform the act specified in the legal document, and the act can only be completed by the person subjected to execution, the people's court may handle it in accordance with item 6, paragraph 1, Article 111 of the Civil Procedure Law.

if the person subjected to execution still fails to perform within the performance period determined by the people's court, the people's court may handle it again in accordance with item 6, paragraph 1, Article 111 of the Civil Procedure Law.

Article 56 Where the person subjected to execution delays performance, the interest during the delayed performance or