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Anonymous users2024-02-07The maximum period for sealing and seizure is 30 days.
According to the Administrative Coercion Law of the People's Republic of China
Article 25: The time limit for sealing or seizure must not exceed 30 days; Where the situation is complicated, it may be extended with the approval of the responsible person for the administrative organ, but the extension period must not exceed 30 days. Except as otherwise provided by laws and administrative regulations.
The parties shall be promptly notified in writing of the decision to extend the sealing or seizure, and the reasons shall be explained.
Where it is necessary to conduct testing, inspection, quarantine, or technical appraisal of items, the period of sealing or seizure does not include the period of testing, inspection, quarantine, or technical appraisal. The period for testing, inspection, quarantine or technical appraisal shall be clearly defined and the parties shall be informed in writing. The costs of testing, inspection, quarantine or technical appraisal shall be borne by the administrative organs.
Extended information: According to the Administrative Coercion Law of the People's Republic of China
Article 26: Administrative organs shall properly keep sealed or seized places, facilities, or property, and must not use or damage them; and where losses are caused, they shall be liable for compensation.
Administrative organs may entrust a third party to keep sealed sites, facilities, or property, and the third party must not damage or transfer or dispose of it without authorization. For losses caused by a third party, the administrative organ has the right to recover from the third party after paying compensation in advance.
The administrative organs are to bear the costs of custody incurred as a result of sealing or seizure.
Article 27: After administrative organs employ sealing or seizure measures, they shall promptly ascertain the facts and make a disposition decision within the time period provided for in article 25 of this Law. confiscate illegal property that is clear in the facts of the violation and shall be confiscated in accordance with law; where laws or administrative regulations provide that it shall be destroyed, it shall be destroyed in accordance with law; Where the sealing or seizure shall be lifted, a decision is to be made to lift the sealing or seizure.
Article 28: In any of the following circumstances, the administrative organ shall promptly make a decision to lift the sealing or seizure:
1) The parties have not violated the law;
2) The venues, facilities, or property sealed or seized have nothing to do with the illegal conduct;
3) The administrative organ has already made a decision to handle the illegal conduct, and it is no longer necessary to seal or seize it;
4) The period for sealing or seizure has already expired;
5) Other situations where it is no longer necessary to employ sealing or seizure measures.
When the sealing or seizure is lifted, the property shall be immediately returned; Where fresh goods or other property that is not easy to keep has been auctioned or sold, the proceeds from the auction or sale shall be returned. If the sale** is significantly lower than the market ** and causes losses to the parties, compensation shall be given.
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Anonymous users2024-02-06Bank deposits shall be frozen for one year, movable property shall be seized for two years, and immovable property or other property rights shall be seized for three years.
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Anonymous users2024-02-05Provisions of the Supreme People's Court on the Sealing, Seizure, and Freezing of Assets in Civil Enforcement by the People's Courts.
Article 29: The period for a people's court to freeze a person's bank deposits and other funds must not exceed 6 months, the period for sealing or seizing movable property must not exceed 1 year, and the period for sealing immovable property or freezing other property rights must not exceed 2 years. Except as otherwise provided by laws and judicial interpretations.
Where the person applying for enforcement applies for an extension of the time limit, the people's court shall complete the formalities for continuing the sealing, seizure, or freezing before the completion of the period for sealing, seizure, or freezing, and the period for renewal must not exceed one-half of the time period provided for in the preceding paragraph.
Please refer to the above legal provisions to learn, or ask a lawyer for details.
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Anonymous users2024-02-04Legal analysis: The period for a people's court to freeze the bank deposits and other funds of the person subject to enforcement shall not exceed six months, the period for sealing and seizing movable property shall not exceed one year, and the period for sealing immovable property and freezing other property rights shall not exceed two years. Except as otherwise provided by laws and judicial interpretations.
Legal basis: "Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts" Article 29 The period for a people's court to freeze the bank deposits and other funds of a person subject to enforcement shall not exceed six months, the period for sealing and seizing movable property in Liangsuiqing shall not exceed one year, and the period for sealing immovable property and freezing other property rights shall not exceed two years. Except as otherwise provided by laws and judicial interpretations.
Where the person applying for enforcement applies for an extension of the time limit, the people's court shall complete the formalities for continuing the sealing, seizure, or freezing before the completion of the period for sealing, seizure, or freezing, and the period for renewal must not exceed one-half of the time period provided for in the preceding paragraph.
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Anonymous users2024-02-03Legal analysis: The time limit for the seizure and release of the detention shall not exceed 30 days; Where the situation is complicated, it may be extended with the approval of the responsible person for the administrative organ, but the extension period must not exceed 30 days. Except as otherwise provided by laws and administrative regulations.
It can be seen that the maximum period of sealing and seizure is 30 days. In addition, the decision to extend the sealing or seizure shall promptly notify the parties in writing and explain the reasons.
Legal basis: "Administrative Compulsion Law of the People's Republic of China" Article 25 The time limit for sealing and seizing the key code shall not exceed 30 days; Where the situation is complicated, it may be extended with the approval of the responsible person for the administrative organ, but the extension period must not exceed 30 days. Except as otherwise provided by laws and administrative regulations.
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Anonymous users2024-02-02Legal analysis: the period of sealing or seizure of movable property shall not exceed one year; The period for sealing immovable property or freezing other property rights must not exceed two years.
Legal basis: "Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts" Article 29: The period for a people's court to freeze a person's bank deposits and other funds may not exceed six months, the period for sealing or seizing movable property must not exceed one year, and the period for sealing immovable property or freezing other property rights must not exceed two years. Except as otherwise provided by laws and judicial interpretations.
Where the person applying for enforcement applies for an extension of the time limit, the people's court shall complete the formalities for continuing the sealing, seizure, or freezing before the completion of the period for sealing, seizing, or freezing the shantong, and the period for renewal must not exceed one-half of the time limit provided for in the preceding paragraph.
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Anonymous users2024-02-01The period for sealing or seizing movable property must not exceed one year; The period for sealing immovable property or freezing other property rights must not exceed two years.
Article 29 of the Provisions of the Supreme People's Court on the Sealing, Seizure and Freezing of Assets in Civil Enforcement by the People's Courts Article 29 The period for the people's courts to freeze the bank deposits and other funds of the person subject to enforcement shall not exceed six months, the period limit for sealing and seizing movable property shall not exceed one year, and the period for sealing up immovable property and freezing other property rights shall not exceed two years. Except as otherwise provided by laws and judicial interpretations.
Where the person applying for enforcement applies for an extension of the time limit, the people's court shall complete the formalities for continuing the sealing, seizure, or freezing before the completion of the period for sealing, seizure, or freezing, and the period for renewal must not exceed one-half of the time limit provided for in the preceding paragraph.
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Anonymous users2024-01-31Legal analysis: the period of sealing or seizure of movable property shall not exceed one year; The period for sealing up the movable property of the non-brother Hu and freezing other property rights must not exceed two years.
Legal basis: Provisions of the Supreme People's Court on the Sealing, Seizure, and Freezing of Assets in the Civil Enforcement of the People's Courts》 Article 29: The period for a people's court to freeze a person's bank deposits and other funds must not exceed six months, the period for sealing or seizing movable property must not exceed one year, and the period for sealing immovable property or freezing other property rights must not exceed two years. Except as otherwise provided by laws and judicial interpretations.
Where the person applying for enforcement applies for an extension of the time limit, the people's court shall complete the formalities for continuing the sealing, seizure, or freezing before the completion of the period for sealing, seizure, or freezing, and the period for renewal must not exceed one-half of the time period provided for in the preceding paragraph.
If the property is seized, an application for unsealing may be filed with the court after the arrears are paid off or the case has been concluded. After receiving the application, the court can generally complete it within 7 working days, but it also depends on the court's schedule, and it needs to negotiate with the court to confirm the time. >>>More
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