Which department will review the enforcement objection and which department will review the enforcem

In the course of enforcement, outsiders raise objections to enforcement, with the aim of excluding enforcement of the subject matter of enforcement and protecting their own civil rights and interests.

Origin. Where parties or interested parties feel that the enforcement act violates legal provisions, they may submit a written objection to the people's court responsible for enforcement. Where parties or interested parties submit written objections, the people's courts shall review them within 15 days of receiving the written objections, and where the grounds are sustained, rule to revoke or correct them; where the reasons are not sustained, a ruling is to reject it.

Where parties or interested parties are dissatisfied with the ruling, they may apply to the people's court at the level above for reconsideration within 10 days of the date on which the ruling is served.

In the course of enforcement, if a person not involved in the case raises an objection to the subject matter of enforcement, the enforcement officer shall conduct a review in accordance with the legally-prescribed procedures. where the reasons are not sustained, it is to be rejected; Where the reasons are sustained, the court president is to approve the suspension of enforcement. If it is discovered that the judgment or ruling is truly in error, it is to be handled in accordance with the trial supervision procedures.

Except for persons not involved in the case who may raise objections to the subject matter of enforcement, if the executor discovers that there is a mistake in the execution of the judgment, ruling or mediation document of this court or a higher court, he or she shall submit a written opinion and report it to the president for review and handling, or with the approval of the court president, request the approval of the higher court in a letter.

What kind of objection is to distinguish may be examined by the executive and the people's court respectively.

Legal analysis: In the course of enforcing the law, if an outsider raises an objection to enforcement, the court will review and handle it.

Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts

Article 28 In the course of the enforcement of monetary creditor's rights, if the buyer raises an objection to the immovable property registered in the name of the person subject to enforcement, and the following circumstances are met and its rights can be excluded from enforcement, the people's court shall support it:

1) A legal and valid written sales contract has been signed before the people's court seals it up, (2) the immovable property has been lawfully taken possession of before the people's court seals it up, (3) the full price has been paid, or part of the price has been paid in accordance with the contract and the remaining price has been delivered for execution in accordance with the requirements of the people's court; (4) the buyer has not completed the transfer registration for reasons not attributable to the buyer.

Article 29 In the course of the enforcement of monetary creditor's rights, if the buyer raises an objection to the commercial housing registered in the name of the real estate development enterprise subject to enforcement, and the following circumstances are met and its rights can be excluded from enforcement, the people's court shall support it:

1) Before the people's court seals up, there is no lead and a legal and valid written sales contract has been signed; (2) the purchased commercial house is for residential use and there is no other house for residential use under the buyer's name; (3) the price paid exceeds 50% of the total price agreed in the contract.

Legal Analysis: Enforcement objection refers to the request of the people's court to claim rights over all or part of the property subject to enforcement and request the people's court to stop and modify the enforcement in the course of the enforcement of a civil case. An enforcement objection is an enforcement remedy given when the enforcement act infringes on the interests of the party to the enforcement or a person not involved in the case.

Legal basis: "Interpretation of the Supreme People's Court on Application".

Article 304:In accordance with article 227 of the Civil Procedure Law, where a person or party not involved in the case is dissatisfied with an enforcement objection ruling, and files an enforcement objection lawsuit with the people's court within 15 days of the ruling being served, the enforcement court has jurisdiction.

Article 305:In addition to complying with the provisions of article 119 of the Civil Procedure Law, a person not involved in the case shall also meet the following requirements when a person outside the case appoints or raises a lawsuit to object to enforcement:

1) The application for an objection to enforcement by a person not involved in the case has been rejected by the people's court;

2. Tongzhi) has a clear claim to exclude the enforcement of the subject matter of enforcement, and the claim has nothing to do with the original judgment or ruling;

3) Raise it within 15 days from the date on which the enforcement objection ruling is served.

The people's court shall decide whether to file the case within 15 days of receiving the complaint.

Legal analysis: First, the review of the formal requirements for enforcement objections. After accepting the objection to enforcement, the enforcing court must first examine whether the enforcement proposal meets the formal requirements prescribed by law, that is, whether the objection to enforcement is filed in writing, whether the objection is filed orally, whether it is recorded in the case file, whether the objection is raised by a person outside the case, and whether the necessary evidence is provided for the rights of the subject of enforcement.

Where the requirements for enforcement objections are met, they are to be accepted, and notices that do not meet the requirements are not accepted.

The second is the substantive review of the enforcement objection. That is, to examine whether the grounds for opposition are established or not. Evidence of objections to enforcement shall be cross-examined by persons not involved in the case and the person subject to enforcement or relevant persons, and when necessary, the form of an enforcement hearing may be adopted, and both parties shall present and debate evidence.

The third is to discuss collegial and report to the president for approval. Enforcement objections do not need to be adjudicated through litigation procedures, but the power to deal with enforcement objections is vested in the enforcement agency. The review and handling of objections to enforcement is a major matter in the enforcement procedure, which shall be discussed by three or more executives, and shall be reported to the president for approval.

Where it is found that the reasons are sustained in the review of objections to enforcement, it shall be reported to the president for approval, and a ruling shall be made to suspend enforcement in accordance with law. Even if it is found that the objection is not established after examination, and the objection is directly ruled to be rejected, it shall be reported to the president for approval.

Legal basis: Article 225 of the Civil Procedure Law of the People's Republic of China: Where parties or interested parties believe that the enforcement act violates the provisions of law, they may submit a written objection to the people's court responsible for enforcement. Where parties or interested parties raise written objections, the people's courts shall review them within 15 days of receiving the written objections, and where the grounds are sustained, rule to revoke or correct the grounds for revocation, and rule to reject them.

Where parties or interested parties are not satisfied with the ruling's repentance, they may apply to the people's court at the level above for reconsideration within 10 days of the date on which the ruling is served.

Hello. I would like to answer for you which department will review the enforcement objection: if an outsider raises an enforcement objection during the course of the law's enforcement process, the court will review and deal with it.

Legal basis: Article 28 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts: In the enforcement of monetary claims, if the buyer raises an objection to the immovable property registered in the name of the person subject to enforcement, and the following circumstances are met and its rights can be excluded from enforcement, the people's court shall support it: (1) a legal and valid written sales contract has been signed before the people's court seals it up, (2) the buyer has lawfully taken possession of the immovable property before the people's court seals it up, and (3) the full price has been paid, or has paid part of the price in accordance with the contract and delivers the remaining price of the auspicious jujube for enforcement in accordance with the requirements of the people's court; (4) The buyer has not completed the transfer registration for reasons other than the buyer's own reasons.

Article 29 In the course of the enforcement of monetary creditor's rights, if the buyer raises an objection to the commercial housing registered in the name of the real estate development enterprise subject to enforcement, the people's court shall support it if it meets the following circumstances and its rights can be excluded from enforcement: (1) a legal and valid written sales contract has been signed before the people's court seals it up, (2) the purchased commercial house is for residential use and there is no other house under the buyer's name for residential use, and (3) the price paid exceeds 50% of the total price agreed in the contract.