Compulsory enforcement refers to a litigation activity in which the enforcement organization of the people's court uses the coercive power of the state to compel a party with an obligation to perform its obligations when it refuses to perform its obligations, so as to realize the content of effective legal documents.
Netizen consultation:
What is the time limit for applying for enforcement?
Lawyer answers:
The period for the execution of the application is two years. The period for applying for enforcement shall be calculated from the last day of the period for performance stipulated in the legal instrument;Where the legal document provides for performance in installments, it is calculated from the date of the expiration of the last period for performance;Where the legal document does not provide for a period of performance, it is calculated from the date on which the legal document takes effect.
Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.
Lawyer adds:
The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court where the property subject to enforcement is located. Other legal documents that are to be enforced by the people's courts as provided by law are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.
Where two or more people's courts have jurisdiction, the parties may apply to one of the people's courts for enforcement;Where parties apply to two or more people's courts for enforcement, the people's court that files the case first has jurisdiction. Where disputes arise between people's courts over the enforcement of jurisdiction, they shall be resolved through negotiation between the two parties;If the negotiation fails, it shall be reported to the people's court at a higher level jointly owned by both parties to designate jurisdiction.
Legal basis] Civil Procedure Law
Article 246:The period for applying for enforcement is two years. Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law.
The period provided for in the preceding paragraph is calculated from the last day of the period for performance as provided for in the legal document;Where the legal document provides for performance in installments, it is calculated from the date of the expiration of the last period for performance;Where the legal document does not provide for a period of performance, it is calculated from the date on which the legal document takes effect.
Article 247:When an enforcement officer receives an application for enforcement or a transfer of an enforcement document, they shall issue an enforcement notice to the person subject to enforcement, and may immediately employ compulsory enforcement measures.
Profile of lawyer Yang Fengguo
Lawyer Yang Fengguo is currently a partner lawyer of Hebei Dasheng Law Firm, and a special human rights lawyer of Baoding Lawyers Association and Baoding Consumers Association. Mr. Yang has been working as a lawyer for more than 10 years, and has also cultivated the character traits of integrity, pragmatism and rigor, diligence and honesty. Profound legal skills and rich practical experience have been fully exerted in the process of handling cases, and have received good results, providing the parties with relatively comprehensive and systematic legal services, and also winning the trust and praise of the parties. Mr. Yang's practice philosophy is: integrity, dedication, pragmatism and efficiency.