If the measures of seizure, seizure or freezing need the assistance of the relevant units or individuals, the people's court shall make a notice of assistance in execution and send it to the person assisting in execution together with a copy of the ruling. The ruling of sealing up, distraining and freezing and the notice of assistance in execution shall take legal effect when served.
Article 2 The people's court may seal up, detain and freeze all movable property, immovable property registered in the name of the person subjected to execution, specific movable property and other property rights.
Unregistered buildings and land use rights shall be determined according to the approval documents of land use rights and other relevant evidence.
If the third party confirms in writing that the property belongs to the person subjected to execution, the people's court may seal up, detain or freeze the movable property possessed by the third party or the immovable property, specific movable property and other property rights registered in the name of the third party.
Article 3 After the legal document as the basis for execution comes into effect, before applying for execution, the creditor may apply to the people's court with execution jurisdiction to preserve the debtor's property. The people's court may make a preservation ruling with reference to the provisions of Article 92 of the Civil Procedure Law, and the preservation ruling shall be executed immediately.
Article 4 Where property preservation measures are taken before litigation, during litigation or arbitration, they will be automatically converted into the measures of sealing up, distraining and freezing being executed after entering the execution procedure, and the provisions of Article 29 of these Provisions on the time limit for sealing up, distraining and freezing shall apply.
Article 5 The people's court shall not seal up, detain or freeze the following property of the person subjected to execution:
(1) Clothes, furniture, cookers, tableware and other articles necessary for family life of the person subjected to execution and his dependents;
(two) the necessary living expenses of the person subjected to execution and his dependents. Where there is a local minimum living standard, the necessary living expenses shall be determined according to this standard;
(3) Articles necessary for the person subjected to execution and his dependents to complete compulsory education;
(4) Unpublished inventions or works;
(5) Auxiliary tools and medical supplies necessary for the physical defects of the person subjected to execution and his dependents;
(six) medals and other honorary items obtained by the person subjected to execution;
(7) Property exempted from seizure, seizure and freezing in treaties, agreements and other documents concluded with foreign countries and international organizations in the name of the governments of People's Republic of China (PRC) and People's Republic of China (PRC) or their government departments according to the provisions of the Procedure Law on Concluding Treaties in People's Republic of China (PRC);
(eight) other property that may not be sealed up, detained or frozen according to laws or judicial interpretations.
Extended data
Provisions of the Supreme People's Court on the Seal-up, Seizure and Freezing of Property in Civil Execution by People's Courts.
Article 20 When sealing up, distraining or freezing the property of the person subjected to execution, the executor shall make a written record including the following contents:
(a) Time for the start and completion of the implementation measures;
(2) The location, type and quantity of the property;
(3) the custodian of the property;
(4) Other matters that should be recorded.
The executor and the custodian shall sign the written record, and if there are persons specified in Article 224 of the Civil Procedure Law present, the persons present shall also sign the written record.
Article 21 The property of the person subjected to execution shall be sealed up, detained or frozen to the extent that it is sufficient to pay off the amount of creditor's rights and execution expenses determined in legal documents. If the amount obviously exceeds the standard, it shall not be sealed up, detained or frozen.
If it is found that the amount exceeding the target amount has been sealed up, seized or frozen, the people's court shall, upon the application of the person subjected to execution or ex officio, promptly lift the sealing up, seizure and freezing of part of the property exceeding the target amount, except that the property is inseparable and the person subjected to execution has no other property available for execution or other property is insufficient to pay off debts.
Article 22 The effectiveness of sealing up or distraining shall apply to the attachments and natural fruits of sealed up or distrained articles.
Twenty-third the effectiveness of sealing up the above-ground buildings and the land use rights within the scope of use, except that the land use rights and the ownership of the above-ground buildings belong to the person subjected to execution and others.
If the registration authority of the above-ground buildings and the land use right is not the same authority, the seal-up registration shall be handled separately.
Baidu Encyclopedia-Provisions of the Supreme People's Court on the Seal-up, Seizure and Freezing of Property in Civil Execution of People's Courts