The relationship between civil trial procedures and enforcement procedures

Connection: Both the enforcement procedure and the trial procedure should be based on the Civil Procedure Law, and the two procedures are connected with each other and their functions complement each other, so it can be said that the trial procedure is the premise and basis of the enforcement procedure, and the enforcement procedure is the continuation and realization of the trial procedure.

Differences: First, the basis of the enforcement procedure is the judicial enforcement power of the court, while the basis of the trial procedure is the judicial power of the court; Secondly, the function of the enforcement procedure is to realize the payment content determined in the effective legal documents, while the function of the trial procedure is to resolve civil disputes and confirm the rights and obligations of civil entities. In addition, the enforcement procedure is an enforcement norm composed of a variety of enforcement methods and compulsory measures, while the trial procedure is composed of the trial procedure norms of the first instance, the second instance and various cases.

The trial procedures of civil litigation mainly include the first-instance ordinary procedures, the simplified sales procedures, the small claims litigation procedures, the second-instance trial procedures, and the trial supervision procedures, that is, the retrial procedures. 1.Ordinary procedures are the litigation procedures that are usually applied by civil litigants to first-instance civil litigation and by people's courts hearing first-instance civil cases.

2.Second-instance trial procedures refer to litigation procedures arising from civil litigation parties dissatisfied with the first-instance judgment or ruling of the local people's court at any level that have not yet taken effect, and within the statutory appeal period, to the people's court at the level above. 3.

The trial supervision procedure, also known as the retrial procedure, refers to the procedure initiated by a statutory organ or person with the power of trial supervision, or applied by the parties, for the people's court to retry a legally effective judgment, ruling, or mediation document.

Article 157 of the Civil Procedure Law provides that the provisions of this chapter shall apply to the trial of simple civil cases in which the facts are clear, the relationship between rights and obligations is clear, and the controversy is not large.

The differences between the hidden order of the enforcement procedure and the trial procedure are mainly in the following aspects:

1.The powers embodied in the two are different, one is the judicial power of the state; The first is the executive power of the state.

2.The tasks and roles of the two are different. A civil trial is an activity in which the court resolves a dispute of interest between the parties. The task and function of civil enforcement is to realize the rights and obligations determined in the legal documents of the traces.

3.The two differ in terms of whether they are necessary procedures for dispute resolution. The civil trial procedure is a necessary procedure for resolving disputes through litigation, while the enforcement procedure is not a necessary procedure for dispute resolution.

4.The two are different in the composition of the program posture and macro. The trial procedure consists of a variety of procedures, including the first-instance, second-instance and retrial procedures applicable to the trial of civil dispute cases, as well as various special procedures applicable to the trial of non-litigation cases.

The enforcement procedure, on the other hand, is a single procedure consisting of general provisions, commencement of enforcement, enforcement measures, etc.

Legal analysis: The court of first instance shall enforce the judgment or ruling that has legal effect; For mediation documents, effective rulings of arbitration institutions, and obligatory documents that have been given enforceable effect by notary public in accordance with law, they shall be enforced by the court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located. Enforcement Measures:

1) Inquiry, freezing, and transferring the deposit of the person subject to enforcement; (2) withholding or withdrawing the income of the person subject to enforcement; (3) sealing, seizing, freezing, auctioning, or selling the property of the person subject to enforcement; (4) Search the property of the person subject to enforcement; (5) Compel the person subject to enforcement to pay the property or ticket specified in the legal document; (6) Forcing the person subject to enforcement to move out of the house or forcibly quit the land; (7) Compel the person subject to enforcement to perform the acts specified in the legal documents; (8) Require the relevant units to go through the procedures for the transfer of property rights certificates; (9) Compel the judgment debtor to pay the interest and payment for the delay in performance of the debt during the period of delayed performance. (10) Other measures.

Legal basis: Article 236 of the Civil Procedure Law of the People's Republic of China: Parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

The procedures for the enforcement of civil judgments are: application; Acceptance by the court; apply for reconsideration; issue an enforcement notice to the person subject to enforcement; Take coercive measures. The enforcement of a civil judgment needs to be enforced in accordance with regulations, and if the person subject to enforcement does not enforce it, he may apply to the court for compulsory enforcement.

The portion of the property in a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, shall 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.

1. What are the ways for the court to enforce the law?

1. Inquiry, freeze and transfer the deposit of the person subject to the application for execution.

Inquiry refers to the activities of the people's court to investigate and inquire about banks, credit cooperatives, and other units, or to examine and inquire about the deposit of the respondent.

When the people's courts employ freezing measures, they must not freeze the special funds in the bank account of the person subject to the application for enforcement, which are for the purpose specified by the state. However, if the person subject to the enforcement application uses these names to conceal funds to evade performance of obligations, the people's court may freeze them. The maximum period for freezing the deposit of the person subject to enforcement is six months, and if it is necessary to continue to freeze, it shall go through the freezing procedures with the bank, credit cooperative, etc. before the expiration of the freeze, otherwise, if it is not handled within the time limit, it shall be deemed to be automatically unfrozen.

Allocation refers to the enforcement measure whereby the people's court, through a bank or credit cooperative, transfers the deposit of the legal person or other organization that is the person subject to the application for enforcement into the account of the applicant for enforcement in accordance with the amount specified in the notice of the people's court assisting in enforcement. Transfers of deposits may be made on a frozen basis, or they may be transferred directly without freezing.

2. Withhold and withdraw the income of the person subject to the application for execution.

Article 222 of the Civil Procedure Law stipulates that: "If the person subject to enforcement fails to perform the obligations determined in the legal documents in accordance with the enforcement notice, the people's court shall have the right to withhold and withdraw the part of the income that the person subject to enforcement shall perform the obligations." However, the necessary living expenses of the executor and the family members he or she supports shall be retained.

When a people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the unit to which the person subject to enforcement, banks, credit cooperatives, and other units with savings operations belong. "In enforcement practice, withholding and withdrawing the income of the person subject to the application for enforcement is an enforcement measure often used by the people's courts. Detention and withdrawal are two closely related enforcement measures, and detention is a temporary measure, which is to temporarily withhold the income of the person applying for enforcement, and still keep it in the original unit, and prohibit it from using and transferring, so as to prompt it to perform its obligations within a limited time limit.

If the performance is still not fulfilled after the time limit, the income can be withdrawn and delivered to the executor.

3. Sealing, seizing, auctioning, or selling the property of the person subject to the application for enforcement.

If the person subject to the enforcement application fails to perform its obligations in accordance with the enforcement notice, the People's Court has the right to seal, seize, auction or sell the part of the property that the person subject to the enforcement application shall perform its obligations. The people's court shall promptly deliver the deposits and income withheld or withdrawn, or the money obtained from the auction or sale of the property of the person subject to the application for enforcement, to the person applying for enforcement, and the enforcement procedure shall be concluded.