How soon can I receive the notice of closing the case?

Opinions on several issues concerning the filing and closing of execution cases

In order to uniformly implement the standards for filing and closing cases, and standardize the execution behavior, this opinion is formulated in accordance with the provisions of the Civil Procedure Law of People's Republic of China (PRC) and other laws and judicial interpretations, combined with the actual execution work of the people's courts.

Article 1 The enforcement cases mentioned in this opinion include enforcement cases and enforcement reconsideration cases.

An execution case refers to a case in which the people's court applies for execution, the judicial organ transfers it, entrusts it, promotes it, designates it, and executes matters determined by legal documents that have taken legal effect and have executable contents according to their functions and powers.

The case of execution review refers to the case in which the people's court examines and handles execution objection, reconsideration, appeal, request for instructions, coordination and decision on execution jurisdiction transfer.

Article 2 Enforcement cases shall be uniformly examined and filed by the filing institution of the people's court. If a people's court is authorized to execute a self-examination case, it may examine and file a case on its own. If the laws and judicial interpretations stipulate that it can be transferred for execution, the relevant judicial institutions may transfer it to the filing institutions for filing and registration.

After filing a case, the filing institution shall, in accordance with the provisions of laws and judicial interpretations, issue a notice of acceptance of the execution case to the applicant.

Article 3 The people's court shall file an execution case that meets the filing standards stipulated by laws and judicial interpretations and bring it into the unified management system for trial execution cases.

The people's court shall not have enforcement cases outside the unified management system for trial and enforcement cases.

No case may enter the execution procedure without filing a case for any reason.

Article 4 When examining and filing a case, the filing institution shall determine the type and case number of the case to be executed in accordance with this opinion, and shall not create the type and case number in violation of this opinion.

Article 5 The word "execution" shall be used for the types of execution cases, and the case numbers shall be determined in the order of filing time and sorted separately; However, if the ruling on property preservation is executed, the case type is "protecting the word", and the case number is determined according to the time order of filing, and sorted separately; Resume execution, the case type is replaced by "Zhi Hui", and the case number is determined according to the time sequence of filing, and sorted separately.

Article 6 The people's court shall file the following cases according to the cases of resuming execution:

(a) the application executor reached a settlement agreement with the person subjected to execution due to fraud or coercion, and applied for resuming the execution of the original effective legal document;

(two) one party fails to perform or not fully perform the execution settlement agreement, and the other party applies for resuming the execution of the original effective legal documents;

(3) After the execution of the execution procedure report is terminated by a ruling, it is found that the person subjected to execution has property available for execution and applies to the executor or the people's court resumes execution ex officio;

(four) after the execution of the case is closed due to entrustment, the entrusted court that was placed on file for improper entrustment returns the entrustment;

(5) In accordance with the provisions of Article 257 of the Civil Procedure Law, when the conditions for application for execution are met, the person subjected to execution applies for resumption of execution.

Article 7 Except in the following circumstances, the people's court may not divide cases for people:

(1) If the payment content determined in the effective legal document is to be performed by stages, and the debtor fails to perform automatically after the maturity of each debt, the application executor may apply for execution by stages, or apply for execution of part or all of the due creditor's rights together;

(2) If the effective legal document determines that there are multiple debtors who bear specific debts respectively, the application executor may apply for execution for each debtor separately, or apply for execution for several or all debtors together;

(3) If the effective legal documents determine that there are multiple creditors with clear creditor's rights (including shares), each creditor may apply for enforcement separately;

(4) Where a case of applying for enforcement of alimony, alimony or alimony involves payment of money, the people's court shall examine and file a case according to the amount of creditor's rights that have occurred at the time of applying for enforcement, and apply for enforcement separately for new creditor's rights that have occurred in the process of enforcement; Where the content of personal rights is involved, the people's court shall examine and file a case according to the fact that the obligor failed to perform his obligations when applying for execution. If the obligor continues to act negatively during the execution period, it shall be executed together with the application of the person subjected to execution.

Article 8 The types and case numbers of cases under review shall be determined according to the following principles:

(a) the type of execution objection cases is "holding different opinions", and the case numbers are determined according to the time order of filing, and sorted separately;

(two) the type of cases for reconsideration is "compound words", and the case numbers are determined according to the time order of filing, and sorted separately;

(three) the type of supervision case is "supervision word", and the case number is determined according to the time order of filing, and sorted separately;

(four) the type of execution case is "application word", and the case number is determined in the order of filing time, and sorted separately;

(five) the type of execution coordination cases is "execution coordination", and the case numbers are determined according to the time order of filing, and sorted separately.

Article 9 The people's court shall file the following cases as execution objection cases:

(a) the parties or interested parties think that the execution of the people's court violates the law and raise a written objection;

(two) in the process of execution, the outsider raises a written objection to the execution target;

(three) after the people's court accepts the application for execution, the parties raise objections to the jurisdiction;

(4) The application executor applies for adding or changing the person subjected to execution;

(5) The person subjected to execution proposes to stop execution on the grounds that the creditor's rights have been extinguished, the application for execution has exceeded the time limit or other substantive reasons that hinder execution;

(six) the person subjected to execution refuses to execute the application for arbitration award or the creditor's rights document granted by the notary office with execution effect;

(seven) other people who can apply for execution of the objection according to law.

Article 10 The people's court shall file the following cases according to the cases of executing reconsideration:

(1) A party or interested party refuses to accept the ruling made by the people's court in accordance with Items (1), (3) and (5) of Article 9 of this opinion and applies to the people's court at the next higher level for reconsideration;

(2) Except for the increase caused by the same debts of husband and wife, the investor's failure to make capital contribution according to law, and the increase of shareholders in a one-person company, the party concerned or interested party refuses to accept the ruling in Item (4) of Article 9 of this opinion made by the people's court and applies to the people's court at the next higher level for reconsideration;

(3) The party refuses to accept the decision made by the people's court in accordance with Item (6) of Article 9 of this opinion not to execute the notarized creditor's rights document, reject the application not to execute the notarized creditor's rights document, reject the arbitral award or reject the application not to execute the arbitral award, and applies to the people's court at the next higher level for reconsideration;

(four) other cases that can be applied for reconsideration according to law.

Eleventh people's courts at higher levels, people's courts at lower levels, and the Supreme People's Court Municipality shall supervise local people's courts at all levels to file cases according to law.

Article 12 The people's court shall file the following cases as execution cases:

(1) The parties concerned apply to the people's court for enforcement of arbitral awards made by mainland arbitration institutions involving Hong Kong and Macao, arbitral awards made by arbitration institutions of Hong Kong Special Administrative Region and Macao Special Administrative Region, and arbitral awards made by ad hoc arbitration tribunals of Hong Kong Special Administrative Region and Macao Special Administrative Region, and the people's court considers that the award will not be enforced according to law after examination, and makes a ruling after reporting to its higher people's court for review, or the higher people's court agrees not to enforce it and reports it to the Supreme People's Court;

(2) The people's court at a lower level shall ask the people's court at a higher level for instructions according to law.

Thirteenth the following cases, the people's court shall be in accordance with the implementation of coordination cases:

(1) If different courts have disputes over the execution target, execution and bankruptcy, compulsory liquidation, trial and other procedures, and cannot reach an agreement through self-coordination, they shall report to the people's court at the next higher level for coordination;

(2) The enforcement court shall report to its lower higher people's court and the higher people's court where the relevant public security and procuratorial organs are located to negotiate with the relevant organs to solve the cases of enforcement disputes between the court and the public security and procuratorial organs across the jurisdiction of the higher people's court, or report to the Supreme People's Court for coordination;

(3) If the parties apply to different people's courts for cancellation and enforcement of the arbitral award made by an arbitration institution in the Mainland, and the people's court that accepts the application for enforcement disagrees with the decision made by the people's court that accepts the application for cancellation or not to cancel it, it cannot directly make a ruling on execution or not to execute it, and report it to the people's court at a higher level for handling;

(4) After a party applies to the people's court for enforcement of an arbitral award made by an arbitration institution in the Mainland concerning Hong Kong and Macao, and the people's court makes an award that should be enforced, one party applies to the people's court for cancellation of the award. If the people's court that accepted the application for cancellation thinks that the award should be revoked and the people's court that accepted the application for enforcement is not the same people's court, it shall report it to the people's court at a higher level for handling;

(five) cases of execution disputes across provinces, autonomous regions and municipalities directly under the Central Government shall be reported to the Supreme People's Court for coordination;

(six) other reports that need to be coordinated according to law.

Fourteenth in addition to the execution of the property preservation ruling and the resumption of execution cases, other execution cases include:

(a) Implementation has been completed;

(2) Ending this execution procedure;

(3) Termination of execution;

(4) closing the case;

(five) not to be executed;

(6) Rejecting the application.

Article 15. If the execution content specified in the effective legal document has been automatically executed by the person subjected to execution and enforced by the people's court, or if the parties reach an execution settlement agreement and the execution settlement agreement has been fulfilled, the case can be closed in the form of "execution completion".

After the execution is completed, a notice of closing the case shall be made and served on the parties concerned. If the written or oral approval of both parties is completed and recorded, the notice of closing may not be made.

The implementation of the settlement agreement shall be attached. If a written settlement agreement is not signed, the contents of the oral settlement agreement shall be recorded and signed by the parties concerned.

Sixteenth in any of the following circumstances, the case can be closed by "terminating this execution procedure":

(1) The person subjected to execution has no property to execute and applies to the people's court for written consent of the person subjected to execution to terminate this execution procedure;

(two) because the person subjected to execution has no property, the execution has been suspended for two years, and it has been verified that the person subjected to execution has no property for execution;

(3) The person applying for execution clearly indicated that he could not provide the property or property clues of the person subjected to execution, and after the people's court exhausted the property investigation measures, the people's court determined in writing that the person subjected to execution had no property to execute;

(4) The property of the person subjected to execution cannot be auctioned, or the movable property, immovable property or other property rights are still auctioned after two auctions, and the application executor refuses to accept or fails to pay off the debts according to law. After the people's court has exhausted the property investigation measures, the person subjected to execution really has no other property to execute;

(5) After the people's court exhausted the property investigation measures, the person subjected to execution really has no property to execute, or although he has property, it is not suitable for compulsory execution, and the parties have reached a settlement agreement to perform it by stages, but the performance has not been completed;

(six) the person subjected to execution has no property to execute, and the applicant for execution belongs to a poor group, and the enforcement court gives appropriate assistance.

The people's court shall form a collegial panel according to law to discuss whether the case ends this execution procedure.

At the end of the execution procedure, a written ruling shall be made and served on the application executor. The written ruling shall specify the execution of the case, the compensation and non-compensation of the creditor's rights of the person against whom the application is made, the reasons for terminating the execution procedure, and the fact that the person against whom the execution is made has property available for execution and can apply for resumption of execution.

Before deciding to terminate this execution procedure according to the circumstances specified in items (2), (4), (5) and (6) of the first paragraph of this article, the applicant shall be informed that he can raise objections within the specified time limit. If the applicant raises an objection, a collegial panel shall be formed separately to organize the parties to hold a hearing on whether the person subjected to execution has property available for execution; If the person applying for execution provides clues about the property of the person subjected to execution, the people's court shall re-investigate and verify the clues provided, and if it is found that the person subjected to execution has property available for execution, it shall continue to execute; If it is confirmed through trial that the person subjected to execution has no property available for execution and the applicant for execution is unable to provide the person subjected to execution with property available for execution, the execution procedure may be ruled to terminate.

The "measures for people's courts to exhaust property investigation" as stipulated in items (3), (4) and (5) of the first paragraph of this article means that at least the following investigation items have been completed:

(1) If the person subjected to execution is a legal person or other organization, it shall inquire about bank deposits from banking financial institutions, real estate registration from relevant real estate management departments, equity from legal person registration authorities and vehicles from relevant vehicle management departments;

(2) If the person subjected to execution is a natural person, the property status or property clues of the person subjected to execution shall be investigated from the unit where the person subjected to execution belongs and the people around his residence, including the source of economic income of the person subjected to execution, the creditor's rights to the person subjected to execution, etc. If it is judged that the income of the person subjected to execution is relatively high according to the property clues, the investigation shall be conducted according to the investigation channels of legal persons or other organizations;

(three) through the the Supreme People's Court national court network to carry out the investigation and control system and the implementation of the court's higher people's court "peer-to-peer" network to carry out the investigation and control system can be completed;

(four) the investigation items that must be completed in accordance with the provisions of laws and judicial interpretations.

After the people's court decides to terminate this execution procedure, if it finds that the person subjected to execution has property, it may resume execution according to the application of the application executor or ex officio. Where an application executor applies for resuming execution, it shall not be restricted by the application execution period.

Seventeenth in any of the following circumstances, the case can be closed through "termination of execution":

(a) the applicant withdraws the application or the parties reach an execution settlement agreement, and the application executor withdraws the application for execution;

(2) The legal document on which it was executed was revoked;

(3) The citizen of the person subjected to execution dies, and there is no inheritance for execution and no obligor;

(4) The obligee in the case of recovery of alimony, alimony and alimony dies;

(five) the citizen of the person subjected to execution is unable to repay the loan due to difficulties in life, has no source of income and loses the ability to work;

(6) The executed enterprise as a legal person or any other organization has been revoked, cancelled, its business license revoked, closed down or terminated, and there is no property to be executed, no obligor, and the executing entity cannot be additionally changed according to law;

(7) Being exempted from fines according to Article 53 of the Criminal Law;

(8) The person subjected to execution is declared bankrupt by the people's court;

(nine) the subject matter of administrative execution is lost;

(ten) the case is decided by the people's court at a higher level;

(eleven) cases designated by the people's court at a higher level to be executed by other courts;

(twelve) in accordance with the provisions of the Supreme People's Court on several issues concerning entrusted execution, the entrusted execution procedures have been handled, and the notice of filing a case by the entrusted court has been received;

(thirteen) other circumstances that the people's court considers that the execution should be terminated.

In addition to the circumstances specified in Items (10), (11) and (12) of the preceding paragraph, if the execution is terminated, a written ruling shall be made and served on the parties.

Eighteenth after the implementation of the case, one of the following circumstances, you can close the case through the "closing opinion":

(a) the person subjected to execution raises an objection to the jurisdiction, and the objection is established after examination, and is transferred to a court with jurisdiction or requests the person subjected to execution to withdraw the application;

(2) It is found that other people's courts with jurisdiction have filed a case first;

(3) The entrusted court returns the entrustment with the consent of the Higher People's Court.

Article 19 After an enforcement case is put on file, if the person subjected to enforcement applies not to enforce the arbitration award or notarized creditor's rights document, and the people's court decides not to enforce it after examination, the case shall be closed in the form of "not to enforce".

Twentieth after the execution of the case, after examination, it is found that it does not meet the acceptance conditions stipulated in Article 18 of the Provisions of the Supreme People's Court on Several Issues Concerning the Enforcement of People's Courts (Trial), and the application is rejected, the case shall be closed by "rejecting the application".

Twenty-first cases that execute the ruling on property preservation shall be closed in the following ways:

(a) the preservation is completed, that is, all preservation matters have been executed;

(two) partial preservation, that is, because all the property has not been found, the preservation matters have not been fully implemented;

(3) There is no subject matter to preserve, that is, no property to preserve can be found.

Twenty-second ways to resume the execution of a case include:

(a) Implementation has been completed;

(2) Ending this execution procedure;

(3) Execution is terminated.

Twenty-third the following cases will not be closed:

(a) the people's court ruled to suspend execution;

(2) The people's court decides to suspend execution;

(three) the implementation of the settlement agreement has not been fully fulfilled, which does not meet the procedures and conditions for termination of execution as stipulated in Articles 16 and 17 of this opinion.

Twenty-fourth execution objection case closing methods include:

(1) Allow to withdraw the objection or application, that is, the objector withdraws the objection or application;

(two) to reject the objection or application, that is, the objection is not established or the outsider enjoys substantive rights but cannot prevent the execution of the target;

(3) Revoking the relevant execution behavior, suspending the execution of the execution target, refusing to execute it, or changing the parties additionally, that is, the objection is established;

(four) part of the revocation and change of execution behavior, part of the non-execution, part of the additional change of the parties, that is, the objection is partially established;

(five) the execution behavior can not be revoked or changed, that is, the objection is established or partially established, but the execution behavior can not be revoked or changed;

(six) transferred to other people's courts, that is, the jurisdiction objection is established.

A written ruling shall be made and served on the parties in the execution of the objection case. If the law or judicial interpretation stipulates that the case of execution objection can be ruled orally, it shall be recorded in the record.

Twenty-fifth ways to close a case of reconsideration execution include:

(a) allow the withdrawal of the application, that is, the applicant for reconsideration withdraws the application for reconsideration;

(two) to reject the application for reconsideration and maintain the objection ruling, that is, the objection ruling finds that the facts are clear, the applicable law is correct, and the reasons for reconsideration are not established;

(3) Revoking or changing the objection ruling, that is, the objection ruling finds that the facts are wrong or the applicable law is wrong, and the reasons for reconsideration are established;

(four) make a ruling after finding out the facts, that is, the objection ruling finds that the facts are unclear and the evidence is insufficient;

(5) Revoke the objection ruling and send it back for retrial, that is, the objection ruling omits the objection request or the objection ruling is wrong, and the objection review procedure of execution behavior is applicable to the objection of the outsider.

After the people's court makes a ruling on a retrial case, if the parties apply for reconsideration, the people's court at a higher level shall not send it back for retrial.

The execution of a reconsideration case shall make an award and serve it on the parties. If the law or judicial interpretation stipulates that the case of reconsideration execution can be ruled orally, it shall be recorded in the record.

Twenty-sixth ways to implement supervision and close the case include:

(a) to allow the withdrawal of the application, that is, the party concerned withdraws the application for supervision;

(two) to reject the application, that is, the application for supervision is not established;

(three) to make corrections within a time limit, that is, to appoint an enforcement court to make corrections within a time limit when the application for supervision is established;

(four) revocation and correction, that is, the supervision application is established, and the ruling of the enforcement court is directly revoked and corrected;

(five) to promote the implementation, that is, to apply for the establishment of supervision, and the people's court at a higher level decides to promote the implementation;

(six) designated execution, that is, the application for supervision is established, and the people's court at a higher level decides to designate other courts for execution;

(seven) other, that is, other circumstances that can be reported.

Twenty-seventh ways to close the case include:

(a) reply, that is, meet the requirements for instructions;

(two) the case is closed, that is, it does not meet the requirements for instructions.

Twenty-eighth implementation coordination case closing methods include:

Withdraw the request for coordination, that is, implement the consensus reached by the dispute court itself and withdraw the request for coordination;

(2) Coordinated settlement, that is, the enforcement dispute court reached a coordinated consensus through coordination, recorded the coordinated opinions in the record or sent a coordinated opinion to the enforcement dispute court.

Article 29 The filing, execution and closing of an execution case shall be timely, complete, true and accurate entered into the national court execution case information management system.

Thirtieth local people's courts at all levels shall not formulate standards and measures for filing and closing cases that are inconsistent with laws, judicial interpretations and the provisions of this opinion.

Violation of laws, judicial interpretations and the provisions of this opinion, filing or closing a case, or practicing fraud when entering the filing and closing situation in the national court execution case information management system, informed criticism; Causing serious consequences or adverse effects, relevant leaders and staff members shall be held accountable according to the Regulations on Disciplinary Actions of Staff of People's Courts.

Article 31 The Higher People's Court shall actively promote the informatization construction, and strengthen the management of filing and closing cases by establishing and improving the unified, practical, functional, scientific and effective case management system of the three-level courts under its jurisdiction. Realize the comprehensive management of the trinity of case information; Realize the separate management of cases that end the execution procedure; Realize the dynamic management of resuming execution cases; Realize the data docking between the case management system in the jurisdiction and the national court execution case information management system.