What methods may be used to serve the parties on the administrative compulsory enforcement decision

Updated on society 2024-02-09
3 answers
  1. Anonymous users2024-02-05

    Wrong. There is no justification for the lack of justification.

    Article 37: Where, after being admonished, the parties still do not perform on the administrative decision within the time limit, and there is no legitimate reason, the administrative organ may make a compulsory enforcement decision.

    Article 34: After an administrative organ makes an administrative decision in accordance with law, where a party does not perform its obligations within the time limit decided by the administrative organ, the administrative organ with the power of administrative compulsory enforcement is to enforce it in accordance with the provisions of this chapter.

    Article 35: Before administrative organs make a compulsory enforcement decision, they shall urge the parties to perform their obligations in advance. The reminder shall be made in writing and shall indicate the following matters:

    1) the time limit for performing obligations;

    2) the manner in which the obligation is to be performed;

    3) Where monetary payments are involved, there shall be a clear amount and method of payment;

    4) The right to make statements and defenses enjoyed by the parties in accordance with law.

    Article 36: After receiving the written reminder, the parties have the right to make statements and defenses. Administrative organs shall fully hear the opinions of the parties, and shall record and review the facts, reasons, and evidence submitted by the parties. Where the facts, reasons, or evidence submitted by the parties are sustained, the administrative organs shall.

    Article 37: Where, after being admonished, the parties still do not perform on the administrative decision within the time limit, and there is no legitimate reason, the administrative organ may make a compulsory enforcement decision.

    The compulsory enforcement decision shall be made in writing and shall indicate the following matters:

    1) The names and addresses of the parties;

    2) the grounds and basis for compulsory enforcement;

    3) the manner and timing of enforcement;

    4) The channels and time limits for applying for administrative reconsideration or initiating administrative litigation;

    5) The name, seal, and date of the administrative organ.

    During the period of reminders, where there is evidence showing that there are signs of transferring or concealing property, the administrative organ may make an immediate compulsory enforcement decision.

    Article 38: Written reminders and administrative compulsory enforcement decisions shall be directly served on the parties. Where the parties refuse to accept it or cannot be directly served on the parties, it shall be served in accordance with the relevant provisions of the "Civil Procedure Law of the People's Republic of China".

  2. Anonymous users2024-02-04

    Legal Analysis: 1. Matters Specified in the Administrative Compulsory Enforcement Decision:

    1. The name or title and address of the parties.

    2. The source and basis of the compulsory enforcement.

    3. The method and time of enforcement.

    4. Channels and time limits for applying for administrative reconsideration or initiating administrative litigation.

    5. The name, seal and date of the administrative organ.

    II. Procedures for the Implementation of Administrative Coercion by Administrative Organs:

    1. General procedures (basic procedures).

    Make an administrative enforcement decision.

    Admonish. and the implementation of administrative compulsory enforcement.

    2. Procedures for administrative compulsory enforcement by the people's courts.

    Application by administrative organs.

    It is to be reviewed by the basic level people's court for the applicant's location.

    Order the obligor to perform within a time limit.

    Legal basis: "Administrative Coercion Law of the People's Republic of China" Article 39: In any of the following circumstances, enforcement is suspended: (1) The parties have real difficulties in performing the administrative decision or temporarily lack the ability to do so; (2) The third party claims rights against the subject matter of enforcement, and there are real reasons; (3) Enforcement might cause irreparable losses, and the suspension of enforcement does not harm the public interest; (4) Other circumstances where the administrative organ finds it necessary to suspend enforcement.

    After the circumstances of the suspension of enforcement disappear, the administrative organ shall resume enforcement. Where there is no obvious harm to society, the parties are truly incapable of performing, and enforcement is suspended for three years and enforcement is not resumed, the administrative organs are not to enforce it again.

  3. Anonymous users2024-02-03

    1. The name or title and address of the parties.

    2. Reasons and basis for enforcement.

    3. The method and time of enforcement.

    4. Channels and time limits for applying for administrative reconsideration or initiating administrative litigation.

    5. The name, seal and date of the administrative organ.

    II. Procedures for the Implementation of Administrative Coercion by Administrative Organs:

    1. General procedures (basic procedures).

    Make an administrative enforcement decision.

    Admonish. and the implementation of administrative compulsory enforcement.

    2. Procedures for administrative compulsory enforcement by the people's courts.

    Application by administrative organs.

    It is to be reviewed by the basic level people's court for the applicant's location.

    Order the liquid lifting obligor to perform within a time limit.

    Legal Basis Guess Town:

    Administrative Coercion Law of the People's Republic of China Article 39: In any of the following circumstances, enforcement is suspended: (1) The parties have real difficulties in performing the administrative decision or temporarily lack the ability to perform; (2) Where a third party claims rights over the subject matter of enforcement, and there are credible reasons; (3) Enforcement might cause irreparable losses, and the suspension of enforcement does not harm the public interest; (4) Other circumstances where the administrative organ finds it necessary to suspend enforcement. After the circumstances for suspension of enforcement disappear, the administrative organ shall resume enforcement.

    Where there is no obvious harm to society, the parties are truly unable to perform, and enforcement has not been resumed for three years, the administrative organs are not to enforce it again.

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