"Key Law"?

Article 217 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.

Article 218 If the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits of the person subjected to execution from banks, credit cooperatives and other units with savings business, and has the right to freeze and transfer the deposits of the person subjected to execution, but the inquiry, freezing and transfer of deposits shall not exceed the scope of the obligations that the person subjected to execution should perform.

When the people's court decides to freeze or transfer deposits, it shall make a ruling and issue a notice of assistance in execution, which must be handled by banks, credit cooperatives and other units with savings business.

Article 221 When the people's court seals up or distrains property, if the person subjected to execution is a citizen, it shall notify the person subjected to execution or his adult family members to be present; If the person subjected to execution is a legal person or other organization, it shall notify its legal representative or principal responsible person to be present. Those who refuse to be present will not affect the execution. If the person subjected to execution is a citizen, his work unit or the grassroots organization where his property is located shall send people to participate. ?

The executor must make a list of the seized or detained property, which shall be signed or sealed by the people present and handed over to the person subjected to execution. If the person subjected to execution is a citizen, he may also give a copy to his adult family members. ?

Article 226 If a person is forced to move out of the house or withdraw from the land, the dean shall issue an announcement and order the person subjected to execution to perform it within a time limit. If the person subjected to execution fails to perform within the time limit, it shall be enforced by the executor. ?

At the time of compulsory execution, if the person subjected to execution is a citizen, the person subjected to execution or his adult family members shall be notified to be present; If the person subjected to execution is a legal person or other organization, it shall notify its legal representative or principal responsible person to be present. Those who refuse to be present will not affect the execution. If the person subjected to execution is a citizen, his work unit or the grass-roots organization where the house or land is located shall send people to participate. The person subjected to execution shall record the execution in a record, which shall be signed or sealed by the person present. ?

The property forcibly removed from the house shall be sent to the designated place by the people's court and handed over to the person subjected to execution. If the person subjected to execution is a citizen, he may also give it to his adult family members. The losses caused by the refusal shall be borne by the person subjected to execution. ?

Articles 287th and 300th of Relevant Laws and Opinions on Civil Procedure; Articles 40, 60-69 and 88 of the Regulations on implementation; Article 2 1 ~ 24 of the maritime procedure law; Article 1 1 answers the right of reputation. ?

"Meaning decomposition"?

With regard to enforcement measures, the Civil Procedure Law, the Special Maritime Procedure Law, the Opinions on Civil Procedure and the Provisions on Enforcement have extensive provisions. Candidates only need to understand. We are here to highlight the key points and remind everyone to master them. ?

1 pay attention to the provisions of the newly added article 2 17.

2? When the people's court inquires, freezes and transfers the deposits of financial institutions (Article 2 18), it should be noted that the above three terms represent the jurisdiction of the court. ?

3? The search rules focus on who should be notified to be present on various occasions (Article 287 of Civil Procedure Opinions). ?

4? The rules for sealing up and distraining property should also pay attention to who should be notified to be present on different occasions (Article 22 1). ?

5? Forced eviction from houses or resumption of land (Article 226);

(1) Announcement issued by the President; ?

(2) Inform relevant personnel to be present; ?

(3) Signature and seal; ?

(4) The property forcibly removed shall be handed over to the person subjected to execution. ?

5? Understand the content of Article 40 of the Regulations on implementation. If the mortgaged property, pledge or lien is executed, the realized price shall be paid in priority by the mortgagee, pledgee and lien holder to pay off the creditor's rights of the applicant. ?

6? Based on Article 300 of the Opinions on Civil Procedure and Articles 60-69 of the Provisions on Enforcement, we should pay attention to a series of provisions on subrogation for the creditor's rights due to the third party, and pay attention to the difference between this system and the subrogation system in Article 73 of the Contract Law. This is the focus of the judicial examination. ?

Note: (1) The third party can only enforce it without objection; As long as the third party raises an objection, it shall not be enforced without examination. Note that it is not an objection. ?

(2) The act of giving up the creditor's rights and delaying the creditor's rights period after receiving the notice of performance is invalid, and can be executed if the third party has no objection. ?

(3) Joint liability of the third party (Article 67 of the Implementation Regulations). ?

(4) It shall not be enforced against the debtor of a third party. ?

7? Understand the contents of Article 2 1 ~ 24 of Maritime Procedure Law. ?

8? To master the compulsory measures for the infringer not to execute the judgment, restore the reputation, eliminate the influence and apologize to the other party in the case of infringement of the right of reputation;

(1) Publicize the main contents and relevant information of the judgment by means of announcement and registration; ?

(2) The above expenses shall be borne by the person subjected to execution; ?

(3) According to Item (6) of Article 102 of the Civil Procedure Law.

"Key Law"?

Article 229 If the person subjected to execution fails to perform the obligation to pay money within the period specified in the judgment, ruling or other legal documents, he shall pay double the interest on the debt during the delayed performance. If the person subjected to execution fails to perform other obligations within the period specified in the judgment, ruling or other legal documents, he shall pay the delay in performance.

? Articles 279, 293 ~ 294 of the Related Clauses and Civil Litigation Opinions. ?

"Meaning decomposition"?

1? Rules for double payment of debt interest and delay in performance (Article 229). ?

2? Calculation of debt interest and delay in performance (Article 293 of Civil Procedure Opinions). ?

3? Double indemnity's loss (Article 295 of Civil Procedure Opinions).