If the parties apply for execution for a period of two years

-- Zhuzhou branch v. Yu Guanghui loan dispute execution case

Published: 2008-09-05 09:08:09

In the implementation of new revision of the civil procedure law before the conclusion of cases, if the parties apply for execution in the case after the implementation of the act, the court shall examine the application is more than two years of implementation of the application deadline, and decided to accept it or not.

The case:

  March 17, 2005, the plaintiff and the defendant Yu Guanghui Zhuzhou branch of China Construction Bank signed the "personal consumption credit loan contract", the borrowing period from March 17, 2005 to March 17, 2006, the loan amount is 45000 yuan. Yu Guanghui fails to perform the obligation of repayment, Lusong District People's Court of Zhuzhou City Hunan province Zhuzhou branch to. The court mediation, both sides reached a conciliation agreement, agreed in 2006 December 20 days before Yu Guanghui repaid loans. After the conciliation statement has been served, Yu Guanghui fails to perform the obligations of repayment of principal and interest within the prescribed period of time. In June 14, 2008, mediation agreement after the expiration of the performance period of 1 years and 6 months, Zhuzhou branch to apply for court enforcement.

Referee.

  Hunan province in the city Lusong District People's court received the application, after examination, the provisions of the Civil Procedure Law revised, apply for a period of 2 years. The case of the entity in litigation or amendment of civil procedural law, mediation determined finally fulfill the time is in December 20, 2006, according to the civil procedure law before the amendment, apply for compulsory execution for a period of 1 years, the last date the parties apply for compulsory execution is 2007 December 20th, implementation of the Zhuzhou branch of the implementation of the application has been more than the last to date, the people's court shall not file and execute. If in accordance with the Civil Procedure Law revised, the deadline for the case review for 2 years, the implementation deadline of the Zhuzhou branch of the application for execution is 2008 December 20th, at any time before the date of application for enforcement, did not violate the law.

  The court thinks, the case should be applied the principle of beneficial trace. Favorable back principle is the legal effect of a special rules apply, the law should not have retroactive effect, but the new law is the special provisions on the favorable, the regulation has retroactivity. On the basis of that, the entity law principle does not apply the principle of beneficial trace, procedural law, interpretation of law can apply beneficial trace principle. Civil, administrative litigation rules of evidence, the judicial interpretation in the application are in accordance with the regulations to determine its effectiveness. Legislative amendments parties apply for compulsory execution time, belongs to the special procedural provisions, is conducive to the protection of legitimate rights and interests of the parties in the rules, the realization of social justice. Therefore, in accordance with the principles of tracing, after the implementation of the civil procedure law in the revised, if the parties apply for registration compulsory execution, although cases accepted time occurred in the law before the amendment, but the people's court shall review in accordance with the provisions of the law revised, see if over 2 years of implementation of the application period, and then decide whether or not to accept the.

  In sum, the court decided to initiate execution, to whom Yu Guanghui issued "the notice of execution", after service of notice, the respondent Yu Guanghui raises no objection to the court.

  The case number is: (2008) Lu method pre hold No. thirty-seventh

  Case: Hunan Province, Zhuzhou City Intermediate People's court Qin Feiyan Zhuzhou County People's court Su Junwei