Before execution, if it can t be executed, can it be detained?

Updated on society 2024-05-03
6 answers
  1. Anonymous users2024-02-08

    As the person applying for enforcement, you can only inform the court as much as possible of the property situation of the person subject to enforcement, and cooperate with the court to enforce it.

    The CPPCC members of the district committee dare to be so arrogant, and if they do not carry out the law, they can appeal to the municipal intermediate people's court.

    Advice to you, try to make things bigger, it's best to make trouble over there, and a district CPPCC member can still cover the sky? Don't have any repayment plan, just ask the court to enforce it, and if you listen to what he does to repay it in installments, it will definitely be delayed.

  2. Anonymous users2024-02-07

    If you smash the glass of your house, you can report the crime, and the police station will give you a public security penalty and ask for compensation.

    Execute?! Have you filed a lawsuit in court? If you file a lawsuit and the court rules in your favor, you can apply to the court for enforcement.

  3. Anonymous users2024-02-06

    **Exposure. It is estimated that he will come down from the committee, or he will spend money to settle it.

  4. Anonymous users2024-02-05

    Legal Analysis: Yes, where the public security organs make an administrative punishment decision and detain the violator, they shall immediately enforce it. Where enforcement is suspended for legally-prescribed reasons, enforcement shall be re-enforced after the circumstances for the suspension disappear.

    If the offender is not subject to detention because of his fault, the administrative statute of limitations shall be applied, and it shall not be enforced for more than half a year.

    Legal basis: "Law of the People's Republic of China on Public Security Administration Punishments" Article 107 Where a penalized person is dissatisfied with a decision to impose a penalty of administrative detention and applies for administrative reconsideration or initiates an administrative lawsuit, he may submit an application to the public security organ for suspension of administrative detention. Where the public security organs find that the suspension of administrative detention will not cause danger to society, the person being punished or his close relatives is to submit a guarantor who meets the requirements provided for in article 108 of this Law, or pay a guarantee deposit of 200 yuan per day of administrative detention, and the punishment decision for administrative detention is suspended.

  5. Anonymous users2024-02-04

    If the detention is not carried out, it will be carried out in the future. Suspension of enforcement must generally not exceed three months, but may be appropriately extended for special reasons, and the extended period must not exceed three months. The date is calculated from the date on which the enforcement court makes the decision to suspend enforcement.

    Where a decision to suspend enforcement is made by a higher level people's court, it is calculated from the date on which the enforcing court receives the decision to suspend enforcement.

    If the applicant applies for a suspension of enforcement, but the administrative reconsideration organ finds that the request is unreasonable, the administrative detention cannot be stopped. If, after reconsideration, it is proved that the decision of the public security organ to take administrative detention was erroneous, and a decision is made to revoke the administrative detention, the applicant may apply for state compensation. A citizen, legal person or other organization applying for administrative reconsideration is the applicant.

    If a citizen who has the right to apply for administrative reconsideration dies, his close relatives may apply for administrative reconsideration. If a citizen who has the right to apply for administrative reconsideration is a person with no or limited capacity for civil conduct, his or her statutory person may apply for administrative reconsideration on his behalf. Where a legal person or other organization that has the right to apply for administrative reconsideration is terminated, the legal person or other organization that inherits its rights may apply for administrative reconsideration.

    [Legal basis].Article 21 of the Administrative Reconsideration Law of the People's Republic of China.

    During the period of administrative reconsideration, the enforcement of specific administrative acts is not suspended; However, enforcement may be stopped in any of the following circumstances:

    1) The respondent believes that it is necessary to stop enforcement;

    2) The administrative reconsideration organ deems it necessary to stop enforcement;

    3) The applicant applies for a suspension of enforcement, and the administrative reconsideration organ finds that the request is reasonable and decides to stop enforcement;

    4) Where the law provides for the suspension of enforcement.

  6. Anonymous users2024-02-03

    Legal Analysis: Under normal circumstances, the court will detain after being enforced, and the person subject to enforcement may be detained if he refuses to enforce the effective legal documents, resists the court's enforcement with violence or threats, transfers property in various forms, or evades the court's enforcement. Where the circumstances are serious and constitute an act of refusal to perform on effective legal documents, and the evidence is conclusive, the court may directly pursue criminal responsibility.

    Legal basis: Criminal Procedure Law of the People's Republic of China Article 91: Where a public security organ finds it necessary to arrest a detained person, it shall submit it to the people's procuratorate for review and approval within three days of detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days.

    For major suspects who have committed crimes on the go, committing crimes multiple times, or committing crimes in groups, the time period for submitting a request for review and approval may be extended to 30 days. The people's procuratorate shall make a decision to approve or not to approve arrest within 7 days of receiving a written request for approval of arrest from the public security organs. Where the people's procuratorate does not approve the arrest, the public security organs shall release them immediately after receiving the notice, and promptly notify the people's procuratorate of the execution situation.

    Where it is necessary to continue the investigation and the requirements for release on guarantee pending further investigation or residential surveillance are met, they are to be released on guarantee pending further investigation or placed under residential surveillance in accordance with law.

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