The Civil Procedure Law does not directly and clearly stipulate the jurisdiction of execution of civil mediation documents, but only refers to the provisions in this Part. In practice, there are some disputes about whether the execution jurisdiction of civil mediation is based on the first paragraph or the second paragraph of Article 224 of the Civil Procedure Law. Most of them refer to the provisions of the first paragraph on the execution jurisdiction of civil judgments and are under the jurisdiction of the court of first instance or the court at the same level where the property is located.
With regard to the execution jurisdiction of notarized creditor's rights documents, the the Supreme People's Court Executive Office gave an official reply on the case that Anlu Municipal Government of Hubei Province reflected the "wrong ruling" and "wrong execution" of Jiaozuo Intermediate People's Court of Henan Province and the reply that Jiaozuo Intermediate People's Court was subjected to violence when executing Anlu Municipal Government No.262 in 22, specifically on the execution jurisdiction of such documents. Article 224, paragraph 2, of the Civil Procedure Law and Article 1 of the Regulations on the Implementation of Work all specify the provisions on jurisdiction.
II. Other enforcement jurisdictions
If a party to a domestic arbitration case applies for property preservation, it shall be submitted to the people's court by an arbitration institution, and the basic people's court where the respondent's domicile or property is located shall make a ruling and execute it; The application for evidence preservation shall be ruled and executed by the grassroots people's court where the evidence is located;
if a party to a foreign-related arbitration case submits an application for property preservation to the court through an arbitration institution, it shall be ruled and executed by the intermediate court where the respondent has his domicile or property; The application for evidence preservation shall be ruled and executed by the intermediate court where the evidence is located;
The decision of the patent administrative organ on punishment shall be executed by the intermediate court that has the right to accept patent dispute cases at the place where the person subjected to execution has his domicile or property;
the decision of ministries, provincial governments and customs on punishment shall be executed by the intermediate court where the person subjected to execution has his domicile or property.
III. Identification of the location of the property
If the property to be executed is equity or shares, the domicile of the equity issuing company is the location of the property;
if the property to be executed is immovable property, the location of the immovable property is the location of the property;
if the property to be executed is intellectual property such as trademark right, patent right and copyright, the domicile of the obligee is the location of the property;
if the property to be executed is a creditor's right due, the domicile of the person to be executed is the location of the property to be executed;
regarding the determination of the location of the property where the executed property is equity, the reply of the Supreme People's Court Executive Board on whether the court can obtain jurisdiction by taking the place where the company's securities are registered and settled as the location of the property, No.16 (21), clearly replied to the Guangdong Higher People's Court. According to the reply, the securities registration and settlement institution is an institution that provides centralized registration, depository and settlement services for securities transactions, but the securities registration and settlement institution only stores equity certificates, and the location of equity certificates cannot be regarded as the location of equity. Because the equity is closely related to its issuing company, the domicile of the issuing company should be identified as the location of this kind of property.
IV. Relevant laws stipulate
Article 224 of the Civil Procedure Law that legally effective civil judgments and rulings, as well as the property part in criminal judgments and rulings, shall be executed by the people's court of first instance or the people's court where the property is executed at the same level as the people's court of first instance.
other legal documents stipulated by law to be executed by the people's court shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located.
Article 462 of the Interpretation of the Civil Procedure Law states that legally effective rulings on the realization of security interests, rulings confirming mediation agreements and payment orders shall be executed by the people's court that made the ruling or payment order or the people's court at the same level where the executed property is located.
in the case of a judgment that the property is ownerless, the people's court that made the judgment will return the ownerless property to the state collective.
article 29 of the interpretation of the arbitration law States that a case in which a party applies for enforcement of an arbitral award shall be under the jurisdiction of the intermediate court where the person subjected to execution has his domicile or where the property subjected to execution is located.
article 2 of several provisions on the execution of property-related part of criminal judgment states that the property-related part of criminal judgment shall be executed by the people's court of first instance. The people's court of first instance may entrust the people's court at the same level where the property is located to execute it.
Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement of People's Courts (Trial), articles 2, 3, 1, 11, 12, 13, 14, 15, 16 and 17;