First, the court enforced the procedure of the House of Representatives.
1, review and put on record. After receiving the application for execution and relevant legal documents, the people's court shall examine whether the application for execution is legal and appropriate, whether the relevant legal documents are complete, whether the contents are clear, and whether the person subjected to execution has the ability to execute.
2. Notify the performance. When the people's court decides to enforce the obligor, it shall first notify the obligor to automatically perform the legal obligation within the prescribed time limit, otherwise it shall be enforced.
3. Prepare for enforcement. Fill in the law enforcement certificate; Determine the implementation plan and scheme; Need to assist in the implementation, it shall notify the units and individuals that have the obligation to assist in writing.
4. Implement enforcement. Should identify themselves, show their law enforcement certificates and law enforcement basis; After the execution is completed, it shall notify the organ applying for execution in writing.
A foreign people's court may directly inquire, freeze or transfer the deposits of banks or credit cooperatives in the place where the respondent has his domicile or where the property under execution is located without the consent of the local people's court or other formalities.
Second, the scope of court enforcement.
Expenses necessary for the life, work and study of the person subjected to execution and his dependents; The most basic means of production of natural persons; The right of claim for payment based on the relationship of support, support and dependence; Payment request based on pension, pension, pension, resettlement fee, life insurance and personal injury compensation; The legal deposit reserve, business premises and cash-carrying vehicles in use deposited by financial institutions in the People's Bank of China; Houses, instruments, equipment and other items being used by medical institutions, schools, kindergartens and other public welfare legal persons to complete public welfare undertakings; The financial funds of state organs and the property necessary for performing their duties cannot be enforced by the court.
legal ground
Provisions of the Supreme People's Court on the Seal-up, Seizure and Freezing of Property in Civil Execution by People's Courts.
Article 4 The people's court may seal up the houses necessary for the life of the person subjected to execution and his dependents, but may not auction, sell off or pay off debts.
Article 5 After ensuring the minimum living standard of the person subjected to execution and his dependents, the people's court may, upon the application of the person subjected to execution, execute houses and articles for daily use that are beyond the necessities of life of the person subjected to execution and his dependents.
Article 7 When the real estate is sealed up, the people's court shall post a seal-up or announcement, and may extract and preserve the relevant real estate warrants. Where registered immovable property, specific movable property and other property rights are sealed up, detained or frozen, the relevant registration authority shall be notified to go through the registration formalities. Those who have not gone through the registration formalities shall not object to other sealing-up, seizure and freezing acts that have gone through the registration formalities.
People's Republic of China (PRC) Civil Procedure Law
Article 232 If a party or interested party thinks that the enforcement act violates the law, it may file a written objection to the people's court responsible for enforcement. If a party or interested party raises a written objection, the people's court shall conduct an examination within 15 days from the date of receiving the written objection. If the reason is established, it shall make a ruling to cancel or correct it; If the reason cannot be established, the ruling shall be rejected. If a party or interested party refuses to accept the award, it may apply to the people's court at the next higher level for reconsideration within ten days from the date of service of the award.
Article 233 If the people's court fails to execute the application for execution for more than six months from the date of receiving it, the applicant for execution may apply to the people's court at the next higher level for execution. After examination, the people's court at a higher level may order the original people's court to execute it within a certain period of time, or decide to execute it by itself or instruct other people's courts to execute it.
Article 248 If the person subjected to execution fails to perform the obligations specified in the legal document according to the execution notice, it shall report the current property status and the property status one year before the date of receiving the execution notice. If the person subjected to execution refuses to report or make a false report, the people's court may, according to the seriousness of the case, impose a fine or detention on the person subjected to execution or his legal representative, the principal responsible person of the relevant unit or the person directly responsible.