I. Time of lapse of execution
According to Article 239 of the Chinese People's **** and National Civil Procedure Law, the period for applying for execution is two years. The suspension or interruption of the period of limitation for application for execution shall be governed by the provisions of the law relating to the suspension or interruption of the period of limitation for litigation.
The period stipulated in the preceding paragraph shall be calculated from the last day of the period of performance stipulated in the legal instrument; where the legal instrument stipulates that the performance shall be carried out in installments, it shall be calculated from the last day of the period of performance stipulated in each case; where the legal instrument does not stipulate the period of performance, it shall be calculated from the date of the entry into force of the legal instrument.
Second, the time of entry into force of the judgment
China's judicial practice is the implementation of the second instance, the first and second instance of the judgment of entry into force of the different.
1, civil judgment of first instance. According to the "Civil Procedure Law" Article 164, paragraph 1, "the parties do not accept the first instance judgment of the local people's court, the right to appeal to a higher people's court within fifteen days from the date of delivery of the judgment." The provisions of the
The appeal period is 15 days, so the first instance judgment takes effect after the appeal period has expired, that is, 15 days after the judgment.
2, administrative judgment of first instance. First instance judgment for 15 days after receipt of the judgment if not appealed, automatically effective.
3, criminal judgment of first instance. First instance judgment for the receipt of the judgment within 10 days if not appealed, automatically take effect
4, second instance judgment. The second trial system means that the second trial is the last trial, there is no appeal in the second trial. Therefore, the civil, administrative and criminal judgment of second instance in the delivery of the effective. If both parties do not receive it at the same time, the appeal period is calculated separately. If the appeal period is a legal holiday, the calculation is extended.
Third, the consequences of non-execution of the judgment
1, if a judgment entered into force, the party refuses to fulfill, the plaintiff party can apply to the court for compulsory execution. Enforcement is an important way of judicial relief, there is no coercive protection of the judgment is just a piece of paper, the authority of the judiciary can not be reflected, to the court to apply for compulsory execution is the legitimate rights of citizens, is the court must be accepted and must be implemented.
2, if the judgment comes into force, the ability to implement and refuse to implement, can constitute a criminal offense. Article 313 of the Criminal Law of the People's Republic of China*** and the People's Republic of China stipulates that: "Anyone who refuses to execute a judgment or ruling of the people's court when he has the ability to do so and the circumstances are serious shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine."
3, for the judgment with monetary payment, if the refusal to execute, the applicant executor has the right to demand the payment of the judgment determined in addition to the payment of the amount, but also can demand the payment of interest on the debt during the period of delayed fulfillment, according to the same period of time loan prime rate of interest of double calculation, of course, the execution costs are also paid by the executor.
4, if the refusal to execute the effective judgment, the executor will also be included in the credit file as a breach of trust in the executor, and in the form of a credit report to financial institutions and other units, for the relevant units in the loan default, government procurement, bidding and tendering, administrative approval, government support, financing and credit, market access, qualification recognition and other aspects of the credit discipline.
5. According to the Supreme People's Court's Several Provisions on Restrictions on Higher Consumption of Executed Persons, the court may restrict the higher consumption of an executed person who fails to carry out an effective judgment in accordance with the law.
Expanded Information
The Chinese People's **** and the National Civil Procedure Law of the implementation of the provisions:
Chapter XX application and transfer of the implementation of the application
Article 236? Civil judgments and rulings that have become legally effective must be fulfilled by the parties concerned. If one party refuses to fulfill it, the other party may apply to the people's court for execution, or the trial judge may transfer it to the executor for execution.
Conciliation and other legal instruments that should be enforced by the people's court, the parties must fulfill. If one party refuses to fulfill them, the other party may apply to the people's court for execution.
Article 237? Where a party fails to fulfill an award of an arbitration institution established by law, the other party may apply to a people's court having jurisdiction to enforce it. The people's court to which the application is made shall enforce it.
Where the respondent submits evidence to prove that the arbitral award is in one of the following circumstances, the people's court shall, upon examination and verification by a collegial panel, rule that it shall not be enforced:
(1) Where the parties have not stipulated an arbitration clause in the contract or have not subsequently reached a written arbitration agreement;
(2) Where the matters to be awarded do not fall within the scope of the arbitration agreement or the arbitration institution is not authorized to arbitrate;
(3) the composition of the arbitral tribunal or the arbitration procedure is in violation of the statutory procedure;
(4) the evidence on which the award is based is forged;
(5) the opposing party conceals from the arbitration institution evidence sufficient to affect a fair decision;
(6) the arbitrators have committed acts of corruption and bribery, favoritism, and perversion of the law in the arbitration of the case. Where the people's court determines that the enforcement of the award is contrary to the public **** interest of society, it rules that it shall not be enforced.
Article 238? Where a party fails to fulfill a claim instrument that has been given compulsory enforcement effect by a notary public according to law, the other party may apply to a people's court with jurisdiction to enforce it, and the people's court to which the application has been made shall enforce it.
Where the notarized creditor's instrument is in fact erroneous, the people's court shall rule that it shall not be enforced and shall deliver the ruling to both parties and the notary public.
Article 239? The period for applying for execution shall be two years. The suspension or interruption of the period of limitation for the application for execution shall be governed by the provisions of the law relating to the suspension or interruption of the period of limitation for litigation.
The period stipulated in the preceding paragraph shall be calculated from the last day of the period of performance stipulated in the legal instrument; if the legal instrument stipulates that the performance shall be carried out in installments, it shall be calculated from the last day of each period of performance so stipulated; if the legal instrument does not stipulate the period of performance, it shall be calculated from the date of the entry into force of the legal instrument.
Article 240? Upon receipt of an application for execution or a referral for execution, the executor shall issue a notice of execution to the executor and may immediately take compulsory execution measures.
Reference to the official website of the National People's Congress - Chinese People's **** and National Civil Procedure Law