In order to standardize the implementation of the people's court to handle objections and reconsideration cases, safeguard the legitimate rights and interests of the parties, interested parties and the Third Party, according to the Civil Procedure Law and other laws and regulations, combined with the actual implementation of the people's court, the enactment of this provision.
The first opponent on the implementation of opposition or reconsideration reconsideration applicant shall submit an application to the People's Court. The application shall contain the specific objection or request for reconsideration, the facts on the ground, etc., along with the following materials:
(A) the identity of the opponent or reconsideration of the applicant to prove;
(B) the relevant evidence;
(C) the service address and contact information.
The second objection to the implementation of the Civil Procedure Law in line with Article 225 or Article 227 prescribed conditions, the People's Court shall, within three days of filing, and after filing notification opponent and interested parties within three days. Does not meet the conditions of admissibility, ruled inadmissible; after filing that do not meet the conditions of admissibility, the court rejected the request.
Executive objection to the application materials are not complete, the people's court shall inform the opponent in a one-time supplement three days overdue complement inadmissible.
Objection people ruled inadmissible or rejection of the application may appeal the ruling within ten days of higher people's court for reconsideration of the date of service. The higher people's court after the examination that meet the conditions for acceptance, it shall rule to cancel the original ruling, the court filing instruction execution or the implementation of the objection under review.
After the implementation of Article III court within three days of receipt of the Executive objection filed neither made nor ruled inadmissible, or without good reason beyond the statutory time limit after accepting not to make ruling on the opposition, the opponent may raise objections to a higher people's court. People's Court after a review on the grounds that the establishment of the court should instruction execution filed within three days or fifteen days to make ruling on the opposition.
Article enforcement cases are assigned to perform, to mention class execution, after the commission execution, parties and interested parties on the implementation of the behavior of the implementation of the court's original objections raised by the opposition in charge of the case when the People's Court review of the implementation process; that is designated or People's Court entrusted a former executive of subordinate People's Court, the Court reviewed the implementation process is still original.
Enforcement cases are assigned to perform, to mention class execution, after the commission execution, the Third Party for the implementation of the subject of the original implementation of the court's objections, referring to the preceding provisions.
Article one of the following circumstances, citizens, legal persons and other organizations outside the party, as the interested parties on the implementation of the behavior of opposition:
(A) that the implementation of the illegal behavior of the people's court, waiting impede its seizure, seizure, freezing debt repayment;
(B) that the people's court auction measure illegal, hamper their participation in the fair auction;
(C) that the people's court auction, sale of repossessed assets or to measure illegal, infringement of its right of first refusal on the implementation of the subject;
(Iv) that the implementation of the people's court requesting assistance matters beyond the scope of its assistance or violation of the law;
(V) that the legitimate rights and interests of other people to perform illegal acts of the court.
Article parties and interested parties challenged provisions in accordance with Article 225 of the Civil Procedure Law, it should be presented before the end of the implementation of the program, except for objections to the implementation of the measures proposed termination.
Third Party raised objections pursuant to Article 227 of the Civil Procedure Law provisions, it should be executed before the opposition pointed end made the subject of execution; implementation of the subject by the parties transferee shall be made before the end of the implementation of the program.
Article parties and interested parties that the implementation process or perform maintenance, advance execution ruling procedure following objection of illegality, the People's Court should be reviewed in accordance with the Civil Procedure Law Article 225 stipulates:
(A) seizure, seizure, freezing, auction, sale, repossessed assets, a stay of execution, stay of execution, the end of the implementation of enforcement measures;
(Ii) during the execution of the order and other legal procedures to be followed;
(C) People's Court against the party, other actors interested parties' legal rights.
Debtor to eliminate debt, loss and other entities subject enforceable after the entry into force of the proposed execution according to preclude opposition to execution, the people's court shall review the reference to Article 225 of the Civil Procedure Law provisions.
Except as provided in this Article 19, the debtor entities subject to execution in accordance with the entry into force before the proposed exclusion of opposition to execution, the people's court for retrial shall inform them in accordance with law or by other procedure.
