Can the compulsory enforcement of administrative cases be based on the Civil Procedure Law?

No, but civil can be [the basis for enforcement in civil cases].

After the people's court and other organs have made a legal document with payment content and takes legal effect, the party with the obligation must perform the obligation in accordance with the time limit, amount and method determined in the legal document, otherwise, the other party has the right to request compulsory enforcement from the people's court to protect its lawful civil rights and interests. When a party applies to the people's court for compulsory enforcement, it must have a basis for enforcement, that is, the effective legal documents on which the people's court relies for compulsory enforcement.

According to the provisions of the Civil Procedure Law of the People's Republic of China, the following legal documents can only be used as the basis for enforcement on the premise that the parties fail to perform their obligations within the performance time limit determined by the effective legal documents.

1. Civil judgments and mediation documents made by the people's courts with payment content.

2. A legally effective payment order made by a people's court in accordance with the supervision procedures.

3. A civil ruling made by a people's court with payment content. Only the following three types of rulings can be used as the basis for enforcement: rulings for prior enforcement; Ruling on the execution of the reversal; Recognition and enforcement of judgments and rulings of foreign courts and awards of foreign arbitration institutions.

4. Criminal judgments and rulings made by the people's courts with property content. It includes judgments and rulings attached to criminal and civil lawsuits, fines, and confiscation of property. A mediation document with property content made by a people's court in the trial of a private criminal prosecution case may also be used as the basis for enforcement.

5. Legally effective arbitration decisions and arbitration mediation documents made by arbitration institutions in China.

6. Creditor's rights documents that are given compulsory enforcement effect by China's notary public in accordance with law. The notary public can certify the enforceability of the document. A creditor's right document that has been certified by a notary public to have enforceable effect.

If one party fails to perform in accordance with the notarized creditor's rights document, the other party does not need to file a lawsuit with the people's court, but can directly apply to the people's court for enforcement, and the people's court receiving the application shall enforce it.

7. Administrative decisions with property content made by administrative organs of our country that may be enforced by the people's courts in accordance with law.

No. The conduct of administrative cases is based on the Administrative Litigation Law.

If administrative compulsion infringes on your civil rights, a civil lawsuit can be filed.

No, it should be in accordance with the Administrative Coercion Law.

Administrative coercion refers to the act of an administrative organ taking temporary control over the person or property of a party in accordance with the law in the course of administrative management; and the conduct of lawfully compel parties who refuse to perform on administrative decisions made by administrative organs.

Article 57 of the Administrative Litigation Law: In cases where the administrative organ is suing for failing to pay a bereavement pension, minimum living allowance, work-related injury, or medical social insurance in accordance with law, and the relationship between rights and obligations is clear, and failure to enforce it in advance will seriously impact the plaintiff's livelihood, a people's court may, on the basis of the plaintiff's application, rule to enforce it first. If the parties are not satisfied with the ruling of the previous sail and the royal line, they may apply for a reconsideration once. Enforcement of the ruling is not stopped during the reconsideration period.

1. Can administrative organs enforce non-litigation administrative cases in accordance with law.

Non-litigation administrative acts may be enforced.

1) Impose additional fines or late fees;

2) Transferring deposits and remittances;

3) Auctioning or lawfully disposing of sealed or seized venues, facilities, or property;

4) Removing obstructions and restoring the original state;

5) Substitute performance;

6) Other methods of compulsory enforcement.

Before the implementation of China's administrative coercion law, in principle, only public security, national security, customs, industry and commerce, taxation, and people at or above the county level have the right to administrative coercion, but at present, the administrative coercion law has actually expanded this scope abstractly, and there are two main situations:

1. Compulsory demolition of illegal buildings, structures and facilities;

2. Enforcement of monetary payment obligations when certain conditions are met.

When the above two situations occur and certain conditions are met, a wide range of administrative organs have the right to enforce on their own, such as the transportation bureau auctioning and impounding vehicles to pay fines, and the land bureau to forcibly demolish illegal buildings. Administrative punishment is a sanction for violating administrative law norms, while administrative compulsory enforcement is not a sanction, not for the purpose of creating some new obligation, and is essentially an enforcement act, and the compulsory enforcement measure should be stopped when the other party begins to perform or promises to perform the administrative decision or obligation.

2. What is the time limit for an administrative organ to apply to the people's court for compulsory enforcement?

1. Where the parties do not apply for administrative reconsideration and do not file an administrative lawsuit after the administrative punishment decision is served, it shall be within 3 months from 6 months from the date of service of the penalty decision;

2. If the parties do not file an administrative lawsuit after the reconsideration decision is served, it shall be within 3 months after 15 days from the date of service of the reconsideration decision;

3. Where the person involved in the case does not file an appeal after the first-instance administrative judgment, it shall be within 180 days from the date of service of the judgment 15 days after that;

4. Where the parties do not file an appeal after the first-instance administrative ruling, it is within 180 days from the date of service of the ruling;

5. Within 180 days from the date of delivery of the second-instance administrative judgment of empty-handed rejection.

3. What should I do if I am not satisfied with administrative compulsory enforcement?

1. In the part of administrative compulsory enforcement, the administrative organ applies to the court for enforcement, and since the enforcement subject is the judicial organ, administrative reconsideration and administrative litigation are not applicable to such enforcement acts, but the appeal or compensation procedures may be applied as relief.

2. For the self-enforcement act of an administrative organ, it conforms to the characteristics of a specific administrative act. According to the provisions of the Administrative Reconsideration Law and the Administrative Litigation Law, if the counterpart believes that the specific administrative act infringes upon its lawful rights and interests, it may apply for administrative reconsideration or file an administrative lawsuit as a remedy.

To sum up, after the administrative organ makes a penalty decision, if the party does not file a lawsuit within the statutory time limit and does not apply for reconsideration, but refuses to perform, the administrative organ may apply for compulsory enforcement within three months after the expiration of the time limit. There are special provisions in the Administrative Enforcement Law to clarify the time limit and method of enforcement in non-litigation cases.

For administrative compulsory enforcement, the parties can file an administrative lawsuit. If the parties are not satisfied with the administrative compulsory enforcement, they shall file an administrative lawsuit with the court within the six-month statute of limitations; If the conditions for filing a lawsuit are met, the court will file the case and accept it.

[Legal basis].

Article 12 of the Administrative Litigation Law of the People's Republic of China.

The people's courts accept the following lawsuits brought by citizens, legal persons, or other organizations:

1) Refusing to accept administrative punishments such as administrative detention, temporary seizure or revocation of permits and licenses, orders to suspend production and business, confiscation of unlawful gains, confiscation of illegal property, fines, warnings, or other administrative punishments;

2) Refusing to accept administrative compulsory measures or administrative compulsory enforcement such as restricting personal liberty or sealing, seizing, or freezing property;

Article 46.

Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, they shall be raised within six months from the date on which they knew or should have known that the administrative act was taken. Except as otherwise provided by law.

Where litigation on immovable property is more than 20 years from the date of the administrative act, and more than 5 years from the date of the administrative act in other cases, the people's court will not accept it.

Administrative cases can be enforced. If the performance period is completed and the party refuses to perform, the administrative organ with the power of enforcement may compel enforcement in accordance with law; If the administrative organ does not have the power to enforce the law, it may apply to the people's court for enforcement in accordance with law.

[Legal basis].Article 12 of the Administrative Coercion Law of the People's Republic of China.

Methods of administrative enforcement:

1) Impose a penalty for accompanying the town or a late fee;

2) Transferring deposits and remittances;

3) Auctioning or lawfully disposing of sealed or seized venues, facilities, or property;

4) Removing obstructions and restoring the original state;

5) Substitute performance;

6) Other methods of compulsory enforcement.

Article 53.

Where a party does not apply for administrative reconsideration or initiate an administrative lawsuit within the statutory time limit, and does not perform on the administrative decision, the administrative organ that does not have the power of administrative compulsory enforcement may apply to the people's court for compulsory enforcement in accordance with the provisions of this chapter within three months from the date on which the period for indiscriminate arrest expires.

Article 54.

Before an administrative organ applies to a people's court for compulsory enforcement, it shall urge the parties to perform their obligations. Where the parties still do not perform their obligations 10 days after the written reminder is served, the administrative organ may apply to the people's court with jurisdiction for compulsory enforcement at the place where it is located; If the object of enforcement is immovable property, apply to the people's court with jurisdiction in the place where the immovable property is located for compulsory enforcement.

Administrative coercive measures are actionable. Administrative litigation initiated by citizens, legal persons, or other organizations due to dissatisfaction with administrative compulsory measures such as restricting personal liberty or sealing, seizing, or freezing property, is within the scope of the people's courts.

[Legal basis].

Article 12 of the Administrative Litigation Law of the People's Republic of China.

The people's courts accept the following lawsuits brought by citizens, legal persons, or other organizations:

1) Refusing to accept administrative punishments such as administrative detention, temporary seizure or revocation of permits and licenses, orders to suspend production and business, confiscation of unlawful gains, confiscation of illegal property, fines, warnings, or other administrative punishments;

2) Refusing to accept administrative compulsory measures or administrative compulsory enforcement such as restricting personal liberty or sealing, seizing, or freezing property;

Article 46.

Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, they shall do so within 6 months of the date on which they knew or should have known that the administrative act was taken. Except as otherwise provided by law.

Where litigation over immovable property has been filed for more than 20 years since the date of the administrative act, and more than 5 years since the date of the administrative act for other cases, the people's court shall not accept the reasoning of Hui Dan Ying.