There is no time limit after applying for enforcement

In China, due to the lack of performance ability of the person subject to enforcement, it often occurs that the person subject to enforcement has no property to be enforced, and many enforcement claims need to be finally satisfied after years and months.

Article 233 of the Civil Procedure Law of the People's Republic of China stipulates that "if the people's court is still unable to repay the debts after the people's court adopts the enforcement measures provided for in Articles 221, 222 and 223 of this Law, it shall continue to perform its obligations." If the creditor discovers that the person subject to enforcement has other property, it may request the people's court for enforcement at any time. As a result, a system of continued enforcement was established.

What it means:

1. The "enforcement measures provided for in Articles 221, 222 and 223" in the provisions are: inquiry, freezing, and transfer of the deposits of the person subject to enforcement; Withdraw the part of the income that the person subject to enforcement shall perform its obligations; Sealing, seizing, freezing, auctioning, or selling the property of the person subject to enforcement.

2. The "other property" in the provisions includes not only the property that was not discovered due to the transfer or concealment of the person subject to enforcement at the time of enforcement, but also the property acquired by the person subject to enforcement later through labor, inheritance or acceptance of gifts, as well as the property rights (creditor's rights) enjoyed by the person subject to enforcement against a third party. That is, under normal circumstances, the applicant (creditor) has no direct legal relationship with the third party, but if the property of the person subject to enforcement cannot pay off all the claims of the applicant, the applicant has the right to claim the property of the part of the debt borne by the third party, that is, the subrogation right of the applicant for enforcement.

3. In the article, "the creditor may request the people's court for enforcement at any time", which means that the creditor exercises the right to apply in accordance with this provision, and the statute of limitations for enforcement stipulated in Article 219 of the Civil Procedure Law does not apply - "the time limit for applying for enforcement shall be one year if both parties or one of the parties are citizens, and six months if both parties are legal persons or other organizations". Such a provision of the law is conducive to preventing the person subject to enforcement from having sufficient time to transfer or conceal property, and is also conducive to getting rid of the state of unreasonable occupation of property as soon as possible.

Through the above analysis, we can derive the concept of the continued enforcement system: the people's court is freezing and transferring the deposit of the person subject to enforcement; withholding or withdrawing the income of the person subject to enforcement; A system in which the person subject to enforcement is still unable to repay the debts after compulsory enforcement measures such as sealing, seizing, freezing, auctioning, or selling the property of the person subject to enforcement, it shall continue to perform its obligations, and if the creditor discovers that the person subject to enforcement has other property or creditor's rights, it may request the people's court for enforcement at any time.

The essence of this system is the principle of non-exemption of the debts of the person subject to enforcement, that is, the debts of the person subject to enforcement are not exempted due to repayment or distribution, and as long as the debtor still has remaining debts, he should be responsible for paying off until all debts are paid. The law stipulates that even if a citizen who is the person subject to enforcement dies and the legal person or other organization that is the person subject to enforcement is terminated, the debts incurred by the person subject to enforcement cannot be forgiven, but the debts shall be repaid by his estate, or the obligations shall be fulfilled by the assignee of rights and obligations.

If it expires, it will be invalid, and you need to re-apply for a treat and gift Now this is the case in society.

You may rely on the "Provisions of the Supreme People's Court on the Sealing, Seizure, and Freezing of Assets in Civil Enforcement by the People's Courts" which was adopted by the first meeting of the Adjudication Committee of the Supreme People's Court on xx-xx-xx, and came into force on xx-xx-xx. This document has clearly stipulated how to enforce all the property of the person subject to enforcement, and you will understand how to understand the specific property of the person subject to enforcement after reading it, and you can apply for enforcement. Hope it helps.

Legal Analysis: Time Limited. Cases in which the person subject to enforcement has property available for enforcement shall generally be concluded within 6 months from the date on which the case is filed; Non-litigation enforcement cases shall generally be concluded within 3 months from the date on which the case is filed.

However, the period during which enforcement is suspended shall be deducted. Where there are special circumstances that require an extension of the enforcement period, it shall be reported to the elder brother or vice president of that court for approval.

Legal basis: Article 239 of the Civil Procedure Law of the People's Republic of China 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 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.

1. How long is the time limit for applying for compulsory enforcementAccording to Article 239 of the Civil Procedure Law, 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 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. Therefore, the parties should apply for enforcement within two years after the judgment (mediation document) takes effect, and if there is no property available for enforcement during the enforcement process, the court will generally suspend the enforcement and resume the enforcement after there is any property available for enforcement. 2. The court that enforces the compulsory enforcement is to have jurisdiction over the legally effective civil judgments and rulings, as well as the property portion of the criminal judgments or rulings, are to be enforced by the people's court of first instance or the people's court at the same level as the people's court of first instance where the property subject to enforcement is located.

Other legal documents that are required to be enforced by the people's court as provided by law shall 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. 3. Do I need to pay an enforcement fee for an enforcement application? According to the relevant provisions, the cost of enforcement shall be paid by the person subject to enforcement, and the people's court shall deduct the enforcement fee that the people's court shall collect in accordance with the law from the first batch of enforcement funds in place.

1. Payment standard: if the execution amount or price is less than 10,000 yuan, 50 yuan shall be paid for each piece; 10,000 yuan to 500,000 yuan, according to the execution amount or 5/1000 of the price; If it is more than 500,000 yuan, it shall be paid at the rate of one-thousandth of the execution amount or price, plus 2,000 yuan; 2. During the enforcement process, the people's court collects the actual expenses incurred in the course of enforcement, such as transportation, accommodation, and other expenses. 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.

Civil Procedure Law of the People's Republic of China

Article 239.

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 pre-legal document provides 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.

Administrative Coercion Law of the People's Republic of China

Article 53.

Where a party does not apply for administrative reconsideration or initiates an administrative lawsuit within the statutory time limit, and fails to perform on the administrative decision, the administrative organ that does not have the power of administrative compulsory enforcement may, within three months from the date of the expiration of the time limit, apply to the people's court for compulsory enforcement in accordance with the provisions of this Chapter.

There is a time limit for applying for enforcement. The applicant must comply with the statutory time limit to apply for compulsory enforcement to be effective, and if the time limit is exceeded, the applicant loses the right to apply for enforcement. According to the provisions of the relevant laws, the time limit for applying for compulsory enforcement is 1 year if both parties or one of the parties is an individual.

6 months if both parties are enterprises, public institutions, registration agencies, or organizations. It is calculated from the last day of the performance period provided for in the legal document, and where the legal document provides for performance in installments, it is calculated from the last day of the period for each performance.

Decision of the Standing Committee of the National People's Congress on Amending the Civil Procedure Law of the People's Republic of China (10).

2. One article is added as Article 203: "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 next higher level 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.

Interpretation of the Supreme Prefecture People's Court on the Application of the "Civil Procedure Law of the People's Republic of China" Article 203: Where the parties who bear joint and several liability lose the lawsuit, they shall jointly bear the litigation costs.

Article 203 of the Civil Procedure Law of the People's Republic of China An application for the realization of a security interest shall be submitted by the holder of the security interest and other persons entitled to request the realization of the security interest to the basic people's court at the place where the security property is located or where the security interest is registered in accordance with the Civil Code and other laws.

Enforce the process.

The ways in which the court can enforce it are:

1. Inquiry, freeze and transfer the deposit of the person subject to the application for execution.

2. Withhold and withdraw the income of the person subject to the application for execution.

3. Sealing, seizing, auctioning, or selling the property of the person subject to the application for enforcement.

4. Search the hidden property of the person subject to the application for enforcement, 5. Force the person subject to the application for enforcement to move out of the house or withdraw from the land.

6. Compulsory enforcement of the acts specified in legal documents, 7. Compulsory doubling of the payment of debt interest and payment of delayed performance during the period of delayed performance, 8. Compulsory handling of relevant procedures for the transfer of property rights and licenses, etc.

There is a time limit for applying for enforcement, which is as follows:

1. Cases in which the person subject to enforcement has property available for enforcement shall generally be concluded within 6 months from the date of filing the case, and non-litigation enforcement cases shall generally be concluded within 3 months from the date of filing. However, the period for suspending the enforcement of the pegging tie-in shall be deducted;

2. Where there are special circumstances that require an extension of the enforcement period, it shall be reported to the president or vice president of the court for approval. Where an application for an extension of the enforcement period is made, it shall be submitted within 5 days before the completion of the period;

3. If the enforcement is not carried out within six months, the person applying for enforcement may apply to the people's court at the next higher level 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.

Legal BasisArticle 236 of the Civil Procedure Law of the People's Republic of China.

Where the person subject to enforcement or the property subject to enforcement is in a foreign area, the local people's court may be entrusted to enforce the law on their behalf. After receiving the letter of entrustment, the entrusted people's court must begin enforcement within 15 days and must not refuse. After enforcement is completed, the people's court shall be entrusted with a timely reply to the outcome of the enforcement; If the enforcement is not completed within 30 days, the people's court shall also be notified of the execution in a letter.

If the entrusted people's court does not enforce within 15 days from the date of receipt of the letter of entrustment, the entrusting people's court may request that the people's court at the level above the entrusted people's court order the entrusted people's court to enforce it.