What are the full text of the provisions in civil enforcement cases?

Legal analysis: Yunchang depends on the situation. Enforcement cases refer to civil cases, criminal cases, and administrative cases that are subject to court judgments, rulings, or arbitrary judgments, and the defendant fails to perform the next steps that need to be carried out by the court.

If it is a civil lawsuit, the case entering the enforcement procedure is also a civil lawsuit, which is applicable to the Civil Procedure Law, so the enforcement case in this case is a civil case.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 224: 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 subject to enforcement 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 97:People's courts may, on the basis of the parties' applications, rule to enforce in advance in the following cases: (1) Recovering alimony, alimony, childcare expenses, pensions, or medical expenses; (2) Recourse to labor remuneration; (3) Where it is necessary to enforce it in advance due to the urgency of the situation. Article 98:Where people's courts rule to enforce first, the following conditions shall be met:

1) The relationship between the rights and obligations of the parties is clear, and failure to enforce it in advance will seriously affect the applicant's livelihood or production and operation; (2) The respondent has the ability to perform. The people's court may order Zheng Tongchong to order the applicant to provide a guarantee, and if the applicant does not provide a guarantee, the application shall be rejected. If the applicant loses the lawsuit, it shall compensate the respondent for the property losses suffered by the respondent as a result of the prior enforcement.

Article 10 of the Civil Procedure Law stipulates that the people's courts hearing civil cases shall implement the systems of collegiality, recusal, open trial and final adjudication of two instances in accordance with the provisions of law. Article 175 stipulates that the judgment or ruling of the people's court of second instance is the final judgment or ruling.

The effective date of the judgment will be clearly stated, and the time limit for the performance of the judgment will be clearly stated, and if the other party fails to perform after the performance period, it can apply for compulsory enforcement. The appeal period of the first instance is 15 days, and it will take effect after the expiration date. The second-instance trial shall take effect upon the service of legal documents.

Article 244 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China provides that where an appealable judgment or ruling cannot be served on both parties at the same time, the period for appeal is calculated from the date on which they receive the judgment or ruling.

Is it possible to suspend the enforcement of the first- and second-instance judgment when applying for a retrial?

China's law is very clear about the entry into force of the first-instance judgment, and the appeal period is within 15 days from the date of service of the judgment, and the judgment will take effect if it is not appealed within 15 days. However, the second-instance judgment, as a final judgment, does not have an appeal period, and there is no clear text on when the second-instance judgment will take effect. Only in the Civil Procedure Law of the People's Republic of China, it is stipulated that "where the judgment is pronounced in court, the judgment shall be sent within 10 days; Where the judgment is announced on a regular basis, that is, where the people's court announces the judgment on another date after the conclusion of the trial, the written judgment is to be issued immediately after the judgment is announced.

However, in judicial practice, if the judgment is pronounced on a regular basis due to geographical or time reasons, the court does not necessarily arrange for ** to read out the judgment document, but notifies the parties to receive the judgment or serve it on the parties. In this way, the date on the judgment will be different from the date of service, and the parties will not be able to sign for the judgment at the same time.

At present, China's laws only stipulate that the second-instance judgment is an effective judgment, and does not specify the specific effective time. In judicial practice, there are three main different views:

1. The second-instance judgment takes effect on the date of its issuance;

2. The second-instance judgment takes effect on the date on which the judgment is pronounced;

3. The second-instance judgment takes effect on the date of service.

Then, since the law does not clearly stipulate, it is easy to cause disputes. "Judicial interpretations should be issued as soon as possible to make clear provisions on when the second-instance judgment will take effect, so as to avoid disputes. "Generally speaking, it takes effect on the date of service of the judgment.

Methods of service of judgments: direct service, service by lien, service by entrustment, service by mail, and service by transfer.

2. How to appeal against the judgment.

Methods of appeal against judgment:

1. Where a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the next higher level within 15 days from the date of delivery of the judgment;

2. Where a party is dissatisfied with the first-instance ruling of the local people's court, it has the right to appeal to the people's court at the level above within 10 days from the date of delivery of the ruling. Where judgments or rulings that can be appealed cannot be served on both parties at the same time, the time limit for appeals is calculated from the date on which they each receive the judgment or ruling.

Article 155 of the Civil Procedure Law of the People's Republic of China: Judgments and rulings of the Supreme People's Court, as well as judgments and rulings that are not allowed to appeal in accordance with law or have not appealed after the appeal period, are legally effective judgments or rulings.