Guangdong Provincial Higher People's court file

 

Guangdong high method (2011) No. 43

 

On the issuance of "Guangdong Provincial Higher People's Court on the execution objection

Litigation cases accepting and hearing guidance (for Trial Implementation) "notice

 

The people's courts at all levels, the maritime court, the Guangzhou Guangzhou Railway Transportation Court in two levels:

"Guangdong Provincial Higher People's Court on the execution objection litigation case acceptance and trial guidelines (for Trial Implementation)" in August 29, 2011 by the provincial court in 2011 sixty-eighth trial is discussed by the committee. Is hereby printed and distributed to you, please carry out seriously implement. The situation and problems encountered in the implementation, please timely report the province court research laboratory.

Notice is hereby given.

 

 

 

 

Two / one one of thirty-one August

 

 

 

Guangdong Provincial Higher People's court

On the execution objection litigation case acceptance and trial guidelines (for Trial Implementation)

 

In order to further standardize the execution objection litigation case and trial work, the uniform judicial standards, safeguard the legitimate rights and interests of the parties, in accordance with the "PRC Civil Procedure Law", "Supreme People's Court on the application of the civil procedure law enforcement program '' interpretation of several issues" and "means to pay the cost of litigation" and other regulations, combined with our the provincial court trial and enforcement of the reality, the enactment of this opinion.

Article 1 As mentioned in the present views of the execution objection litigation including during the execution of the execution objection litigation case filed, the enforcement applicant filed license enforcement action, the creditor or execution objection litigation allocation scheme mentioned, and the person subjected to execution objection litigation filed.

Article second The advance execution is dissatisfied with the ruling, an outsider can put forward the objection in accordance with the "PRC Civil Procedure Law" provisions of article 204th; an outsider, the parties to the execution objection is dissatisfied with the ruling, may bring a lawsuit to the people's court in accordance with the provisions of.

Article third  The people's court shall make an outsider "put forward in accordance with the PRC Civil Procedure Law" 204th stipulation execution objection, should be in the ruling that "any party who refuses to accept the ruling, the original judgment, ruling that the wrong, be dealt with in accordance with the procedure for trial supervision; has nothing to do with the original judgment, ruling, can fifteen days the court play after the decision is served".

The stranger, the date of service of the ruling for fifteen days before a lawsuit to the people's court, in accordance with the "PRC Civil Procedure Law" stipulates that the seventy-sixth treatment.

Article fourthAn outsider to the object of the execution objection, the people's court shall suspend the standard execution, the execution of disaffected, can be in accordance with the provisions of the "PRC Civil Procedure Law" article 204th, to an outsider as a defendant, the applicant for enforcement as third about the execution objection litigation; the person to be enforced at the same time opposed the application execution one request, perform as joint defendants in the case and filed the execution objection litigation.

Article fifth  The execution objection litigation by the enforcement of court jurisdiction. The entrusted enforcement, governed by the entrusted court; specify implementation, by the designated jurisdiction of the court.

The court not to violate the grade jurisdiction, exclusive jurisdiction, special court jurisdiction grounds, the case specified or transferred to another court jurisdiction.

Article Sixth The same execution by multiple court attachment, seizure, freezing of waiting, the execution objection litigation brought by the first seizure, seizure, freezing, the jurisdiction of the court.

Article seventh The execution objection litigation cases according to the civil legal relationship nature of dispute grant corresponding civil case number.

The execution objection litigation case according to the lawsuit and properties are identified as "the stranger dissent action of execution", "the person applying for enforcement of dissent action of execution" and "execution allocation of objection to the people"; an execution objection litigation by the implementation of the case, can be directly identified as "objection action of execution".

Article eighth  The stranger brought the execution objection litigation, should be on the implementation of the subject that substantive rights, at the same time put forward the implementation of the subject to stop the execution of the request.

The execution applicant filed license enforcement action, should advocate the person to be enforced on the implementation of the subject have substantive rights, the licensing of the object of execution execution requests.

The execution objection litigation filed claims for execution, shall enjoy rights, and puts forward the license or stop the execution of the request.

The creditors or the execution objection litigation filed distribution scheme, should be clear allocation scheme is proposed for their favor and distribution according to the project request.

The claim does not meet the requirements, the people's court shall specify.

Article ninth The trial execution objection litigation cases in accordance with the corresponding civil cases, and a procedure of second instance trial period.

Article tenth Different subjects on the same execution objection litigation are put forward, the people's court shall and consolidated.

Article eleventh  Not listed as the defendant or the third party's execution, the creditor, the people's court shall notify the third party without independent claim in litigation.

Article twelfth The people's court shall fully hear the parties claims.

An outsider and the execution objection litigation request established, shall make a confirmation of substantive rights and stop the execution of judgment, or grant execute judgment; execution objection litigation request allocation scheme is established, the people's court shall clearly state the case formulation support in the text of the judgment of.

The claim is established, it should be the decision to withdraw the original execution objection decision.

The claim is not established, the court shall reject the claims.

Part of the cause of action is established, the people's court shall according to the object of action is divided, and the reason can hinder the implementation judgment.

Article thirteenth The people's court case execution objection litigation period, an outsider, to provide full and effective guarantee, or the people's court that the case litigation request a justified, shall make a ruling to stop execution of punishment.

Ruling to suspend the dispose of the subject matter of enforcement, the people's court shall maintain the execution status, not lifting attachment, seizure, freezing.

Article fourteenth  Property disputes are already in the implementation process was the court attachment, seizure, freezing, the case shall be made in accordance with the "PRC Civil Procedure Law" stipulates that the 204th claim, it shall not file a civil lawsuit in common. Has been accepted, should reject the prosecution.

After the termination of execution objection litigation, the outsider, the same legal relationship based on file general civil lawsuit, the people's court shall not accept.

Article fifteenth  Property in dispute in the people's court has taken enforcement measures of attachment, seizure, freezing, the people's court has jurisdiction has been used as common civil cases accepted the request execution court case, suspension or suspension of execution, the court shall support.

Article sixteenth As mentioned in the present Opinions refers to an outsider, the Party of execution, that the people's court for the enforcement of the property violation of its substantive rights, the implementation of the subject claim and request of the citizens, legal persons and other organizations to stop the implementation of the standard.

Article seventeenth"PRC Civil Procedure Law" 204th article called "the original judgment, ruling," is referred to as the judgment basis for enforcement; called "and the original judgment, ruling, independent" refers to the implementation of the subject is not as executive basis judgment is the right to transfer, or determine the specific property the delivery of the situation.

Article eighteenthThe stranger put forward execution objection litigation, should be based on the claim amount. According to the "Regulations" means to pay the cost of litigation cases of property charges pay the case acceptance fee.

Other types of execution objection litigation cases by non property cases pay the case acceptance fee.

Article nineteenthThe views from the October 1, 2011 trial.