Traditional Culture Encyclopedia - Almanac inquiry - How to urge the enforcement judge to enforce it?
How to urge the enforcement judge to enforce it?
According to the law of our country, if the people's court fails to execute the application for execution for more than six months from the date of receiving it, the executor of the application may apply to the people's court at the next higher level for execution. After examination, the people's court at the next higher level may order the people's court that originally tried the case 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.
When the court carries out enforcement, the court will not mediate, but the person subjected to enforcement may consult with the applicant and ask the applicant to cancel the enforcement.
What are the characteristics of the execution of objection by outsiders compared with ordinary litigation procedures?
1, particularity of claim. The request of the parties to bring a lawsuit against the execution objection of the outsider is to ask the court to stop the execution of the executed object. The purpose of litigation is to block the enforcement of the executed object through litigation. It is the only lawsuit in China's civil procedure law that allows the parties to file a lawsuit to prevent the execution of the subject matter, and it is not simply to confirm the ownership of the subject matter or deliver the subject matter to realize some civil rights of the parties.
2. Dependence of program startup. There is a statutory pre-procedure for outsiders to file an execution objection lawsuit, that is, only before the execution ends can outsiders file a written objection statement, and only after the enforcement court makes a ruling can outsiders file a lawsuit.
3. The particularity of the parties. The plaintiff who is an outsider in the execution of the objection lawsuit is an outsider, and the outsider enjoys substantive rights enough to exclude the execution target. The defendant is the executor of the application. When the executor denies the rights of the outsider, he can be listed as the defendant.
The above is the legal knowledge about "how to urge the judge to enforce it" that the lawyer answered for you. 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. You got it?
legal ground
Article 226 of the Civil Procedure Law If the people's court fails to execute the application for execution for more than six months from the date of receiving the application for execution, the executor of the application may apply to the people's court at the next higher level for execution. After examination, the people's court at the next higher level may order the people's court that originally tried the case 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.
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