How long does it take to receive the civil judgment of first instance and second instance to be executed
According to the provisions of the relevant laws of our country, after the people's court makes a judgment, if the parties do not appeal within the prescribed time limit, the civil judgment will take effect, and the person subject to enforcement will enforce it after the judgment takes effect, so how long does it take for the civil judgment to be enforced?
1. How long does it take for a civil judgment to be enforced?
If enforcement is required after the civil judgment takes effect, if it is not enforced within the prescribed time limit, the applicant may apply to the court for compulsory enforcement.
Civil Procedure Law of the People's Republic of China
Article 224:Enforcement jurisdiction.
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 being enforced 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.
Article 236: Methods for the commencement of enforcement.
The parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.
Article 239:Time limit for applying for enforcement.
The period for the execution of the application 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 provided for in the legal document; Where the legal documents provide for performance in installments, it is calculated from the last day of the period for each performance provided; 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.
2. The period of validity of civil judgments.
Apply to the court for compulsory enforcement within 2 years from the effective date of the judgment.
In principle, the enforcement of civil judgments begins upon the application of the parties. However, the court may directly transfer the case to the enforcement agency ex officio in the following cases:
1. What takes legal effect is a legal document and a civil sanction decision with the content of alimony, alimony, and alimony;
2. What takes legal effect is a judgment, ruling, or mediation document attached to a criminal case;
3. Where the legal documents on which enforcement is based are revoked or modified by the people's courts or other relevant organs, the original enforcement agency may, ex officio, make a ruling on the reversal of enforcement in accordance with the new effective legal documents, and order the original applicant for enforcement to return the property and its fruits that have been obtained. Where the original person applying for enforcement refuses to return it, it may be directly enforced.