Can the executor propose to terminate the judicial detention?

Code of Civil Procedure

Article 244:Where the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained.

The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.

Article 245:When a people's court seals or seizes property, where the person subject to enforcement is a citizen, it shall notify the person subject to enforcement or his adult family to appear; Where the person subject to enforcement is a legal person or other organization, their legally-designated representative or principle responsible person shall be notified to appear. Where they refuse to appear, enforcement is not impacted. Where the person subject to enforcement is a citizen, the basic level organization where their work unit or property is located shall send people to participate.

For property that has been sealed or seized, the executor must make a list, and after the person present signs or affixes a seal, give a copy to the person subject to enforcement. If the person subject to enforcement is a citizen, he may also give a copy to his adult family members.

Article 246:Enforcers may designate the person subject to enforcement to be responsible for the safekeeping of property that has been sealed. Losses caused by the fault of the person subject to enforcement shall be borne by the person subject to enforcement.

Article 247:After property is sealed or seized, the enforcer shall order the person subject to enforcement to perform the obligations set forth in the legal document within the specified period. Where the person subject to enforcement fails to perform within the time limit, the people's court shall auction the property that has been sealed or seized; Where the auction is not appropriate or both parties agree not to conduct the auction, the people's court may entrust the relevant unit to sell it or sell it on its own. The state prohibits the free sale of goods, handed over to the relevant units in accordance with the provisions of the state for purchase.

Detention is not a big crime, and if you flee, you can only wait for him to come back.

Legal Analysis: Administrative detention may be enforced again after the suspension of enforcement, which needs to be judged according to the actual situation. If the suspension of enforcement disappears, you can apply for resumption of enforcement.

Legal basis: Article 39 of the Administrative Coercion Law of the People's Republic of China Article 39 In any of the following circumstances, enforcement is suspended:

1) The parties have real difficulties in performing the administrative decision or have no ability to do so for the time being;

2) Where a third party has a legitimate reason to claim rights over the subject matter of enforcement;

3) Enforcement might cause irreparable losses, and the suspension of enforcement does not harm the public interest;

4) Other circumstances where the administrative organ finds it necessary to suspend enforcement.

After the circumstances for suspension of enforcement disappear, the administrative organ shall resume enforcement. Where there is no obvious harm to society, the parties are truly incapable of performing, and enforcement is suspended for three years and enforcement is not resumed, the administrative organs are not to enforce it again.

Legal Analysis: Suspension of execution can lead to detention. Where the person subject to enforcement does not perform the obligations set forth in the legal documents, the people's courts, in addition to punishing the person subject to enforcement, may also include them in the list of judgment defaulters on the basis of the circumstances, and report information on the person subject to enforcement's failure or incomplete performance of obligations to the unit, credit reporting establishments, and other relevant bodies.

If the other party refuses to carry out acts such as hiding or transferring property, the court may take judicial detention measures. If the other party's refusal to execute is serious, it may be suspected of refusing to perform the judgment or ruling, and will bear criminal responsibility. If the other party does not have any property to enforce, the court will rule to suspend the enforcement, and the applicant can apply for resumption of enforcement after the suspension disappears.

Legal basis: Article 111 of the Civil Procedure Law of the People's Republic of China: Where litigation participants or other persons exhibit any of the following conduct, the people's courts may impose fines or detention on the basis of minor or serious circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Fabricating or destroying important evidence, obstructing the people's court's trial of a case;

2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony;

3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen;

4) Insulting, slandering, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, evaluators, inquest personnel, or persons assisting in enforcement;

5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties;

6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect. People's courts may fine or detain units that exhibit any of the conduct provided for in the preceding paragraph; where a crime is constituted, criminal responsibility is pursued in accordance with law

Enforcement may be suspended during the period of detention, and if the party is detained in other circumstances that the people's court deems should be suspended, the people's court may, after the circumstances of the suspension disappear, decide to resume enforcement on the basis of the application of the other party.

[Legal basis].

Article 256 of the Civil Procedure Law of the People's Republic of China on Preliminary Concealment of Litigation has 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) Where a public person who is a party dies and needs to wait for the heirs to inherit rights or assume 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.

Legal Analysis: According to the provisions of relevant laws of our country, the circumstances under which a detention decision may be suspended include those who suffer from mental illness or have infectious diseases that require isolation, and those whose conditions are serious and may endanger their lives. Administrative detention is a severe form of administrative punishment, and only public security organs at or above the county level have the power to adjudicate detention, and the period is limited to 1 day to 15 days.

Legal basis: Article 19 of the Regulations on Detention Centers: Where a detention center discovers that a detainee has any of the following circumstances, it shall recommend that the decision-making organ for detention make a decision to suspend the detention: (1) he or she is mentally ill or has an infectious disease and needs to be isolated**; (2) The condition is serious and can be known to endanger the safety of life.

During the period of compulsory enforcement, if the person subject to enforcement objectively has the ability to perform but refuses to perform the court's ruling, he may apply to the court to detain the person. Where the person subject to enforcement objectively has the ability to perform but refuses to perform on a court ruling, and the circumstances are serious, he may be detained.

Article 111 of the Civil Procedure Law of the People's Republic of China: Where litigation participants or other persons commit any of the following acts, the people's courts may impose fines or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law: (5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties; 6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect. Article 242:Where the person subject to enforcement fails to perform the affairs of the Yituan Tong as determined in the legal documents in accordance with the enforcement notice, the people's court has the right to inquire into the property of the person subject to enforcement, such as deposits, bonds, shares, and shares.

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.