Is it illegal for the Executive Board to do so?

Updated on society 2024-03-12
5 answers
  1. Anonymous users2024-02-06

    1. There are many doubts in this case. First of all, regarding the judgment, if your ex-husband is missing, how to determine the authenticity of the so-called IOU? This is one of them.

    Second: whether you were the second defendant at the trial of the case, and whether you exercised the corresponding litigation rights. (If you are not the second defendant, the judgment does not involve you, and you have no right to enforce the judgment when the judgment is enforced.)

    The Executive Board does not have the authority to make a determination of joint debts of husband and wife).

    2. About the car: Is there any such car and whose name is it registered? By whom? Where to park? None of them seem to be clear.

    3. About real estate: It is not a real estate that can be enforced. Even if the commercial house is the only one, unless it is mortgaged, according to the relevant regulations of the Supreme People's Court, it can only be seized and cannot be auctioned.

    5: In the present situation, it is recommended that a two-pronged approach be adopted: first, the focus should be on the retrial or appeal of the judgment that has already entered into force.

  2. Anonymous users2024-02-05

    Procedural violations refer to violations of the procedural elements prescribed by law, including methods, steps, sequences, and time limits, and evidence that should be evaluated, inspected, inquired, or checked in accordance with its authority that affects the determination of the main facts of the case, or where evidence preservation measures should be taken but deliberately not carried out, resulting in an error in the adjudication, such as permitting, omitting, or reversing administrative steps in violation of the statutory time limit, insufficient elements of the form of slag, lack of procedural requirements, and so forth. Procedural violations by judges are procedural violations in the trial stage, and the general handling opinion is to remand for a new trial, and the judge accepts punishment within the court. Where law, trial discipline, or trial management provisions are intentionally violated to delay case handling, or cases are delayed due to negligence, causing serious consequences, sanctions are to be given in accordance with provisions.

    where provisions are intentionally violated to delay case handling, warnings, demerits, or major demerits are to be given; where the circumstances are more serious, sanctions of demotion or removal are to be given; where the circumstances are serious, a sanction of expulsion is to be given. If the procedure is unlawful, an appeal or retrial may be applied. Judges may report violations of procedures to the court leadership, or at the same time may report the situation to the supervision departments.

    The following circumstances may be found to be serious violations of legal procedures in the Civil Procedure Law:

    1) The composition of the trial organization is unlawful;

    2) The adjudicator who should be recused has not recused himself;

    3) A person who lacks capacity for litigation has not been litigated on behalf of a legally-prescribed person;

    4) Unlawfully depriving parties of their right to debate.

    What to do if the judge's trial procedure is seriously illegal.

    1. Collect evidence and materials to appeal to the High Court, and as long as the situation is true, the High Court will rule to immediately stop the execution and lift the freeze and retry the case.

    2. It is common for county and district-level courts to illegally handle cases of opening letters and letters, and the best way is to complete the procedure as soon as possible so that they can appeal and appeal.

    3. Most of the intermediate courts are notarized, but in the case of obviously unfair discretion, the judgment is not easily changed, and the case is settled through mediation. 4. Even if the enforcement procedure is illegal, it will continue without the higher court changing the judgment.

    Legal basis: Regulations on the Punishment of Staff of the People's Courts

    Article 43: Where a judgment is intentionally made in violation of the facts and the law, sanctions of demotion or removal are to be given; where the circumstances are serious, a sanction of expulsion is to be given.

    Article 44: Where provisions are violated for favoritism to force parties to withdraw the lawsuit against their true will, accept mediation, or reach an enforcement settlement agreement, and harm their interests, they are to be given warnings, demerits, or major demerits; where the circumstances are more serious, sanctions of demotion or removal are to be given; where the circumstances are serious, a sanction of expulsion is to be given.

    Article 47: Where provisions are intentionally violated to delay case handling, warnings, demerits, or major demerits are to be given; where the circumstances are more serious, sanctions of demotion or removal are to be given; where the circumstances are serious, a sanction of expulsion is to be given.

  3. Anonymous users2024-02-04

    How to deal with enforcement objections is as follows:

    1) Handling of objections from parties and interested parties. The parties and interested parties can only raise objections to the enforcement act, what is the enforcement act? Enforcement acts refer to enforcement measures taken by enforcement personnel to ensure the enforcement of judgments, rulings, or other legal documents that have already taken legal effect, including sealing, freezing, detention, auctioning, selling, and so forth.

    "Illegality of enforcement acts" refers to enforcement acts carried out in violation of laws, judicial interpretations, or administrative regulations. "Law" here is a broad concept, including not only the Civil Procedure Law and related judicial interpretations, but also other procedural laws, judicial interpretations and departmental laws. If there are clear provisions on enforcement in other laws, and the enforcement personnel violate such provisions, the parties and interested parties may also raise objections.

    2) Handling of objections from outsiders. In the process of enforcement, it is usually encountered that the objection of the outsider refers to a person other than the party to the enforcement, that is, a person other than the person applying for enforcement and the person subject to enforcement, the enforcement basis is not effective. In the objection of an outsider, the outsider can only claim substantive rights against the subject matter of enforcement, that is to say, the court's enforcement measures have infringed on the substantive rights of the outsider, and since the owner and occupier of property in the current society may not be the same person, the establishment of the outsider's objection is to protect the legitimate rights and interests of the outsider, and it is a relief system for the rights of the outsider.

    Objections by outsiders are generally reviewed in writing, and hearing procedures may also be applied to review complex and difficult objections by outsiders, so as to accurately ascertain the facts. If the objection of an outsider is not sustained, it shall be rejected and the enforcing court shall not dispose of the subject matter of enforcement during the objection review period, unless sufficient and effective security is provided.

    3) Remedies for dissatisfaction with the objection ruling of an outsider. If the objection is sustained after review, the applicant for enforcement may be dissatisfied with the outcome of the objection from an outsider; If, after examination, it is found that the objection is not established and is rejected, the outsider may not be satisfied. In this regard, Article 204 of the Civil Procedure Law also stipulates that the remedial measures shall be remedied, and if the outsiders and the parties are dissatisfied with the ruling and believe that the original judgment or ruling is wrong, they shall handle it in accordance with the trial supervision procedures; If the person not involved in the case and the parties concerned are dissatisfied with the ruling and believe that it is not related to the original judgment or ruling, they may file a lawsuit against the outsider.

  4. Anonymous users2024-02-03

    1. Enforce the court's civil judgments and rulings that have legal effect, as well as the property part of the criminal judgments and rulings;

    2. Enforce the arbitral awards, notarized creditor's rights documents and other legal documents stipulated by law;

    3. Review the objection to enforcement, the change and addition of the subject subject to enforcement;

    4. Carry out measures such as sealing, seizure, freezing, and seizure in accordance with the provisions of the law, and carry out compulsory measures such as detention and fines against those who obstruct enforcement;

    5. Assist in handling the enforcement work entrusted by other courts.

    Legal basis: Civil Procedure Law of the People's Republic of China Article 236: 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.

  5. Anonymous users2024-02-02

    The measures for disposing of non-enforcement by the court enforcement bureau are as follows: (1) Communicate with the enforcement officer to see if there is a ruling to suspend the enforcement and whether the president of the court has approved the extension of enforcement, inquire about the reasons for the slow enforcement, and try to negotiate with the enforcement officer to resolve the issue. (2) I also try my best to find and provide the executor Thyssen with the accurate situation of the property of the person subject to enforcement, and strive to get the execution money as soon as possible.

    3) If the court delays the enforcement without reason, you can report it to the higher court. According to Article 107 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Enforcement Work of the People's Courts", the people's courts' enforcement of effective legal documents shall generally be closed within six months from the date on which the case is filed, but the period for suspending enforcement shall be deducted. Where there are truly special circumstances that require an extension, the president of that court is to approve it.

    Legal basis, Article 107 of the "Supreme People's Court Rules on Several Issues Concerning the Enforcement Work of the People's Courts" People's courts enforcing effective legal documents shall generally enforce and conclude the case within six months of the date on which the case is filed, but the period for which enforcement is suspended shall be deducted. Where there are truly special circumstances that require an extension, the president of that court is to approve it.

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