Legal subjectivity:
After a civil case is heard and made by the court, the parties must fulfill the contents of the judgment. If the other party refuses to perform, the other party can apply to the court for compulsory execution. 1. How to write an application for compulsory execution. Sample application for compulsory execution. Applicant: XX, male, born on XX, XXXX, Han nationality, address: No. XX, Village X, Village X, Village X, Rong'an County, Guangxi. ID number: XXXXXXXXXXXXXX. Respondent: XXXX Co., Ltd., domiciled at Floor XX, XXX Building. Legal representative: XXX, general manager. Contact number: XXXXXXXX. Application content: 1. Force the respondent to pay the applicant RMB XXXXXX yuan in accordance with the law. 2. Enforce the respondent’s overdue payment interest of ¥ yuan in accordance with the law (from XXX, month Delayed performance interest ¥ yuan (provisionally calculated from XXX, XXX, to XXX, Xmonth X Citizen Yi Zhongzi Civil Judgment No. XXX. Facts and Reasons: Due to a labor dispute between the applicant and the respondent, the first-instance judgment was made by the XXX District People's Court of Nanning City on June XX, 2010. The respondent was dissatisfied and filed an appeal. The case has now been heard by the Nanning Intermediate People's Court in accordance with the law, and a (2010) Nanning Minyi Zhongzi Civil Judgment No. The judgment was final, but the respondent refused to perform the payment obligations contained in the judgment. In order to safeguard the legitimate rights and interests of the applicant, we hereby apply to your court for enforcement, and we sincerely request your court to enforce it in accordance with the law. Sincerely, the applicant of the XXX District People’s Court of Nanning City (signature and seal): Year, Month, Day 2. The time limit for enforcement after arbitration and mediation is stipulated in Article 62 of the Arbitration Law: “The parties shall perform the award. If one party fails to perform, The other party may apply to the People's Court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The People's Court that receives the application shall apply for enforcement to the Municipal Intermediate People's Court. However, it should be noted that according to Article 219 of the Civil Procedure Law: “The time limit for applying for execution is one year if both parties or one party is a citizen, and six months if both parties are legal persons or other organizations. Month. The period specified in the preceding paragraph shall be calculated from the last day of the performance period specified in the legal document; if the legal document stipulates performance in installments, it shall be calculated from the last day of the annual performance period specified in the legal document. , according to the "Decision on Amending the Civil Procedure Law of the People's Republic of China" passed on October 28, 2007, the period for applying for enforcement was extended to two years. 3. Enforcement period for civil cases 1. According to the new Civil Procedure Law, if enforcement fails for 6 months, you can ask the superior court for enforcement. In your case, you can apply for enforcement by the superior court; 2. Regarding media intervention, you must have a clear case. , the other party has the ability to refuse to perform, and the court succumbs to power. The media likes to expose such situations. You can try to contact the media in Beijing, watch the legal columns of Beijing and the central government, and call their hotlines. But if you respond insipidly that the case cannot be implemented, I believe the media will not be interested. You have to think about the case in advance and make it more twists and turns to be more confident; 3. In terms of legal operations, there is another way, which is to find A foreign court will enforce this case for you. The specific method of operation can be the transfer of creditor's rights, or the enforcement of expired creditor's rights. Generally, foreign courts will not be interfered by local powers. Legal objectivity:
"Civil Procedure Law of the People's Republic of China"
Article 236
A legally effective civil judgment, The parties must perform the ruling. If one party refuses to perform, the other party may apply to the People's Court for enforcement, or the judge may transfer the matter to an execution officer for enforcement.
Mediation letters and other legal documents that should be executed by the people's court must be performed by the parties. If one party refuses to perform, the other party may apply to the People's Court for enforcement.
"Civil Procedure Law of the People's Republic of China"
Article 256
In any of the following circumstances, the people's court shall Ruling to suspend execution:
(1) The applicant indicates that execution can be postponed;
(2) A person outside the case raises a well-founded objection to the subject matter of execution;
< p>(3) When a citizen who is one of the parties dies and needs to wait for the heir to inherit the rights or assume obligations;(4) When the legal person or other organization that is one of the parties terminates, the successor of the rights and obligations has not yet been determined;
(5) Other circumstances under which the People’s Court deems execution should be suspended.