Enforcement Issues in Civil Compensation Cases 10

1. If the defendant has caused your damage due to the tort before the age of 18, and has reached the age of 18 after the judgment, but has no ability to repay, his parents can advance the compensation (in fact, even if he is over the age of 18, his parents can pay the compensation in advance), if the defendant's parents are unwilling to pay, the court may suspend the enforcement and wait until the person subject to enforcement has the ability to enforce (this time is relatively long).

2. After the court accepts the case applying for enforcement, the enforcement period is six months, that is, the enforcement of ordinary cases needs to be completed within six months, and if the enforcement cannot be completed within six months, the enforcement may be extended or suspended.

3. Your compensation should be able to be executed back, not if it is exceeded, it will not be executed or the compensation will not be returned. If the court has not completed the execution of the case within six months, you can ask the specific undertaker what is the reason for the non-enforcement, and you can also after six months, if you are not satisfied with the reasons for the non-enforcement stated by the presiding judge, the higher court of the enforcement court may urge the enforcement court to enforce within a time limit after receiving your application, or may mention its own enforcement, and may also be handed over to another court at the same level as the enforcement court in the same intermediate court area for enforcement.

In short, trust that the law will give you a final result.

I don't know if the above reply can help you.

There is no better way but to contact the executive at any time, provide clues to the execution, and cooperate with the execution.

Legal analysis: If the court awards compensation to the other party, and the other party does not enforce it, it can apply for the enforcement of the Hail Ling regiment system in accordance with the law. Compulsory enforcement is 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.

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 people's court of first instance or the people's court at the same level as the people's court of the first instance where the property being enforced 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.

Legal analysis: In civil dispute compensation cases, whether the people's court is easy to enforce shall be determined based on the circumstances of enforcement. When the people's court enforces the civil dispute compensation case, if the person subject to enforcement is very cooperative, the process of enforcement is relatively easy, and it is only necessary to inquire into the property of the person subject to enforcement, and then take corresponding compulsory measures.

Legal basis: Article 241 of the Civil Procedure Law of the People's Republic of China If the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, he shall report the current property situation and the property situation of the year before the date of receipt of the enforcement notice. Where the person subject to enforcement refuses to report or makes a false report, the people's court may fine or detain the person subject to enforcement or his legally-designated person, the principal responsible person of the relevant unit, or the directly responsible personnel on the basis of the severity of the circumstances.

Article 242 Amendment to Article 242 If the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, the people's court has the right to inquire about the property of the person subject to enforcement, such as deposits, bonds, **, ** shares, etc. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.

When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.

Analysis of the law: As a civil act, a civil compensation judgment needs to be realized through enforcement procedures. The enforcement procedures mainly include the application for enforcement, case filing and review, enforcement ruling, handling of objections in the enforcement process, and the conclusion of enforcement.

Legal basis:1Article 245 of the Civil Procedure Law of the People's Republic of China: "Within two years from the date of service of the civil judgment, the parties may apply to the people's court for compulsory enforcement. ”

2.Article 17 of the Law of the People's Republic of China on Enforcement Procedures: "The following materials shall be submitted to apply for enforcement: (1) an application for enforcement; (2) Effective legal documents; (3) Relevant supporting documents. ”

In the enforcement procedure, the parties need to submit the application for enforcement and effective legal documents and other materials, and go through the court's review. If the court finds that the conditions for enforcement are met, it will make an enforcement ruling and appoint an enforcement judge to enforce it. During the enforcement process, if the parties have objections, they may file an application for an objection to enforcement, which will be handled by the court.

After the enforcement is concluded, the parties need to go through follow-up procedures such as closing the case or applying for a retrial.

In short, the enforcement process of a civil compensation judgment needs to go through strict procedures, and only through the supervision and enforcement of the court can the legitimate rights and interests of the victim be finally realized.

Legal Analysis: Debts should be discharged. If the person who knows the provisional draft is unable to repay, the debtor may repay it in installments with the consent of the creditor or the ruling of the people's court.

and where they have the ability to repay and refuse to repay, the people's court is to make a judgment to compel repayment. It follows that it is certain that the debtor must repay the debt. There are two different situations in which the debtor is unable to repay:

One is a temporary inability to repay. If this is the case, the debtor shall repay the loan in instalments. The other is permanent insolvency.

In the case of permanent insolvency, the debtor's personal existing property can only be satisfied.

Legal basis: Article 241 of the Civil Procedure Law of the People's Republic of China If the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, he shall report on the current and the property situation of the year before the date of receipt of the enforcement notice. If the person subject to enforcement refuses to report or makes a false report, the People's Court may, on the basis of the severity of the circumstances, fine or detain the person subject to enforcement or his legally-designated person, the principal responsible person of the relevant unit, or the person directly responsible.

Where the law provides otherwise, follow those provisions. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions.

However, if more than 20 years have elapsed since the date on which the rights were infringed by the envy sails, the people's courts will not protect them; Where there are special circumstances, the people's court may decide to extend the extension on the basis of the right holder's application.

Legal basis: Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's courts is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.