Execution Abort and Termination What is the difference between aborting and terminating execution

If you are asked to write the application, you can't write the termination, you can only agree to write the termination. The meaning of the end means that no matter whether people have the ability to compensate you in the future, as long as you write a termination application, you will not get the money back. Termination means that there is no limit to termination, but one day he has the financial means, and this termination application can be revoked.

The court pronounced the verdict again.

Chapter XXII: Suspension and Termination of Enforcement Article 232:In any of the following circumstances, the people's court shall rule to suspend enforcement: (1) The applicant indicates that enforcement may be extended; (2) Persons not involved in the case raise a well-founded objection to the subject matter of enforcement; (3) The death of a citizen who is a party and it is necessary to wait for the heirs to inherit the rights or assume the obligations; (4) Where a legal person or other organization that is a party is terminated, and the successor of rights and obligations has not yet been determined; (5) Other circumstances where the people's court finds that enforcement should be suspended. After the suspension disappears, the execution resumes.

Article 233:In any of the following circumstances, the people's court is to rule to terminate enforcement: (1) The applicant withdraws the application; (2) The legal document on which enforcement is based has been revoked; (3) The citizen who is the person subject to enforcement dies, has no estate to enforce, and has no obligation; (4) The person with rights in a case of recourse for alimony, alimony, or child support is deceased; (5) The citizen who is the person subject to enforcement is unable to repay the loan due to difficulties in life, has no income**, and loses the ability to work; (6) Other circumstances where the people's court finds that enforcement should be terminated. Article 234:Rulings to suspend or terminate enforcement take effect immediately after being served on the parties.

It should be suspended, and the person subject to enforcement can be suspended when he is temporarily incapable, and he can apply for resumption of enforcement when he has the ability in the future; Once the execution is over, it cannot be resumed later.

I advise you not to write the application for termination, so that if you do, your case will not be executed. Therefore, you must not write a request for termination of enforcement. You can write an application for a stay of enforcement, so that when the other party has property or money, you apply to the court for enforcement, and the court will resume the re-enforcement procedure

Legal Analysis: The difference is whether it is actually executed or not. Suspension of enforcement only stops the enforcement of the judgment, but does not cancel the content of the judgment, and can resume enforcement when the conditions for suspension of enforcement can be established; Termination means that the content of the judgment will no longer be enforced.

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

Article 256:In any of the following circumstances, the People's Court shall rule to suspend enforcement:

1) The applicant indicates that enforcement can be postponed.

2) Where a person not involved in the case raises a well-founded objection to the subject matter of enforcement;

(3) The death of a citizen who is a party and it is necessary to wait for the heirs to inherit the rights or assume the obligations;

(4) Where a legal person or other organization that is a party is terminated, and the successor of rights and obligations has not yet been determined;

(5) Other circumstances where the people's court finds that enforcement should be suspended. After the suspension disappears, the execution resumes.

Article 257:In any of the following circumstances, the people's court is to rule to terminate enforcement:

A round of stupid rule) the applicant withdraws the application;

(2) The legal document on which enforcement is based has been revoked;

(3) The citizen who is the person subject to enforcement dies, has no estate to enforce, and has no obligation;

(4) The person with rights in a case of recourse for alimony, alimony, or child support is deceased;

(5) The citizen who is the person subject to enforcement is unable to repay the loan due to difficulties in life, has no income**, and loses the ability to work;

(6) Other circumstances where the people's court finds that enforcement should be terminated.

Legal analysis: Termination of enforcement refers to the termination of enforcement procedures in accordance with the law due to the occurrence of legal reasons, and the enforcement procedures are not necessary or allowed to continue. Suspension of enforcement means that Yunying has a special situation that requires a temporary suspension of the enforcement procedure, and after the special circumstances disappear, the enforcement procedure is resumed and the enforcement continues.

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

Article 257:In any of the following circumstances, the people's court is to rule to terminate enforcement:

1) The applicant withdraws the application;

(2) The legal document on which enforcement is based has been revoked;

(3) The citizen who is the person subject to enforcement dies, has no estate to enforce, and has no obligation;

(4) The person with rights in a case of recourse for alimony, alimony, or child support is deceased;

(5) The citizen who is the person subject to enforcement is unable to repay the loan due to difficulties in life, has no income**, and loses the ability to work;

6) Other situations where the people's judgment and the court deems enforcement to be terminated.

Statutory circumstances for suspension of enforcement:

According to article 256 of the Civil Procedure Law, the people's court shall rule to suspend enforcement under any of the following circumstances:

1) The applicant indicates that enforcement can be postponed.

(2) Persons not involved in the case raise a well-founded objection to the subject matter of enforcement;

(3) The death of a citizen who is a party and it is necessary to wait for the heirs to inherit the rights or assume the obligations;

(4) Where a legal person or other organization that is a party is terminated, and the successor of rights and obligations has not yet been determined;

(5) Other circumstances where the people's court finds that enforcement should be suspended.

After the suspension disappears, the execution will resume.

In the enforcement of civil divorce cases, there are circumstances where the enforcement is suspended, such as in practice, the whereabouts of the person subject to enforcement are unknown, or the person subject to enforcement is unable to pay the child's maintenance expenses in a short period of time, then the suspension of the enforcement procedure will be caused.

Statutory circumstances for the termination of enforcement:

Article 257 of the Civil Procedure Law stipulates that in any of the following circumstances, the people's court shall rule to terminate the enforcement:

1) The applicant withdraws the application;

(2) The legal document on which enforcement is based has been revoked;

3) The citizen who is the person subject to enforcement dies, has no estate to enforce, and has no obligation to bear the burden of clearing the town;

(4) The person with rights in a case of recourse for alimony, alimony, or child support is deceased;

(5) The citizen who is the person subject to enforcement is unable to repay the loan due to difficulties in life, has no income**, and loses the ability to work;

(6) Other circumstances where the people's court finds that enforcement should be terminated.

Effect of Enforcement Suspension.

Where the people's court decides to suspend enforcement, it shall draft a ruling to suspend enforcement, which will take effect once it is sent, and the court will stop enforcement, but neither the parties to enforcement nor other enforcement participants may change the factual status of the property in enforcement. That is, the applicant shall not execute without authorization, and the person subject to enforcement shall not dispose of it without authorization.

The legal effect of the end of the execution is coarse.

The enforcement judge shall issue a written opinion to terminate enforcement, and after reporting to the court president for review and approval, make a written ruling to terminate enforcement, and once the ruling is served, it will immediately take legal effect, and the enforcement procedures will be completed and will not be resumed in the future.

In the enforcement of a divorce case, if the party who performs the obligation dies or becomes incapacitated and has no livelihood, and the person subject to enforcement is unable to perform the obligations determined in the divorce judgment, then the case can only be terminated.

What are the differences between execution abort and termination?

Abort and termination of execution are two different concepts. The suspension of enforcement does not mean the substantive conclusion of the case, and the suspension of enforcement may apply for resumption of enforcement if the person subject to enforcement has property. Cases in which enforcement is concluded refer to cases in which the person subject to enforcement has completed the performance in accordance with the content of the judgment or the enforcement settlement agreement reached by both parties.

1) Enforcement suspension.

Suspension of execution means that during the execution process, it is necessary to temporarily suspend the execution of the procedure due to special circumstances. In any of the following circumstances, the people's court shall rule to suspend enforcement:

1) The applicant indicates that the execution can be extended;

2) Where a person not involved in the case raises a reasonable objection to the subject matter of enforcement;

3) the death of a citizen who is a party and needs to wait for the heirs to inherit the rights or assume the obligations;

4) The legal person or other organization that is a party is terminated, and the successor of rights and obligations has not yet been determined;

5) Other circumstances where the people's court deems that enforcement should be suspended, such as the person subject to enforcement has no property for enforcement. After the suspension disappears, the execution resumes.

2) Termination of execution.

In the course of implementation, if the implementation work cannot be continued or it is not necessary to continue due to some special circumstances, the enforcement procedure shall be terminated. In any of the following circumstances, the people's court shall rule to terminate enforcement:

1) The applicant withdraws the application;

2) The legal documents of Zheng Shouju on which the enforcement is based are revoked;

3) The citizen who is the person subject to enforcement dies, has no estate to be enforced, and has no obligation;

4) The person entitled to the case of recourse for alimony, alimony, or alimony is deceased;

5) The citizen who is the person subject to enforcement is unable to repay the loan due to living difficulties, has no income**, and loses the ability to work;

6) Other circumstances where the people's court deems that enforcement should be terminated.

Signs of the end of the enforcement proceedings and judicial remedies.

The end of the enforcement procedure, also known as the closure of the case or the end of the enforcement, has a certain existence and expression, and there are three main types:

1. The contents determined in the effective legal documents have been fully implemented. This type of case closure method is the most ideal litigation result because the applicant for enforcement enjoys all the rights determined in the legal documents, the purpose of enforcement is achieved, and the applicant's litigation wishes are realized.

2. The case was ruled to be concluded. In contrast, the perfection of the method of enforcement that has been ruled to terminate is less than that of the completion of enforcement. These include the fact that some rights have not been enforced due to special circumstances, either voluntarily waived by the applicant or by the end of the enforcement proceedings because they are not legally required or necessary.

3. The ruling is not enforceable. It mainly refers to the fact that the arbitral award and notarized creditor's rights document are not recognized by the judicial trial because there are problems with their impartiality or the arbitration procedure is illegal, or the notarized document is indeed wrong.

4. Settle and fully perform between the parties.