Article link: Administrative Enforcement Law 1. Article 53 If a party fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and fails to perform the administrative decision, the administrative organ without the power of administrative enforcement may, in accordance with the provisions of this Chapter, apply to the people's court for compulsory enforcement within three months from the expiration of the time limit.
2. Article 54 Before applying to the people's court for compulsory execution, the administrative organ shall urge the parties to perform their obligations. If the parties still fail to perform their obligations ten days after the written notice is served, the administrative organ may apply to the local people's court with jurisdiction for enforcement; If the object of execution is immovable property, it shall apply to the people's court with jurisdiction where the immovable property is located for compulsory execution.
3. Article 55 When an administrative organ applies to a people's court for compulsory execution, it shall provide the following materials:
(1) An application for compulsory execution;
(two) the administrative decision and the facts, reasons and basis of the decision;
(three) the opinions of the parties and the reminders of the administrative organs;
(4) the subject matter of the application for compulsory execution;
(5) Other materials as prescribed by laws and administrative regulations.
The application for compulsory execution shall be signed by the person in charge of the administrative organ, stamped with the seal of the administrative organ and dated.
Article 56 The people's court shall accept the application for compulsory execution by the administrative organ within five days.
If the administrative organ disagrees with the people's court's decision not to accept it, it may apply to the people's court at the next higher level for reconsideration within 15 days, and the people's court at the next higher level shall make a ruling on whether to accept it within 15 days from the date of receiving the application for reconsideration.
5. Article 57 The people's court shall conduct a written examination of the administrative organ's application for compulsory execution. If an administrative decision complies with the provisions of Article 55 of this Law and becomes legally enforceable, the people's court shall make a ruling on enforcement within seven days from the date of acceptance, except for the circumstances stipulated in Article 58 of this Law.
6. Article 58 If a people's court finds any of the following circumstances, it may listen to the opinions of the person subjected to execution and the administrative organ before making a ruling:
(a) the obvious lack of factual basis;
(2) The laws and regulations are obviously lacking;
(three) other obvious violations of the law, damage the legitimate rights and interests of the person subjected to execution.
The people's court shall make a ruling on whether to implement it within 30 days from the date of acceptance. If the ruling is not executed, the reasons shall be explained, and the ruling will not be served on the administrative organ within five days.
If an administrative organ disagrees with the people's court's ruling not to execute, it may apply to the people's court at the next higher level for reconsideration within 15 days from the date of receiving the ruling, and the people's court at the next higher level shall make a ruling on whether to execute it within 30 days from the date of receiving the application for reconsideration.