Enforcement of Rotary's legal provisions

After the execution is completed, if the judgment, ruling and other legal documents on which the execution is based are really wrong and are revoked by the people's court, the people's court shall make a ruling on the executed property and order the person who obtained the property to return it; Refuse to return, compulsory execution.

Applicable conditions for performing slewing include:

(1) The execution program has started or ended. In other words, the content of the execution basis has been partially executed, and one party has obtained part or all of the property.

(two) the basis for execution is revoked or changed according to law. Revocation means that the original execution basis is completely invalid, and change means that the content of the original execution basis has changed.

(three) the application is made by a party or the executive organ decides according to its functions and powers. When the parties make an application, the executive organ passively decides to implement rotation when the parties make a request. The execution of the executive organ according to its functions and powers means that the executive organ voluntarily decides to execute the rotation when no party requests it.

(4) The executive organ makes a decision in the form of a ruling.

(5) The application executor is the object of rotation. In other words, the applicant should return the acquired property.

(6) the contents of the implementation of the rotation include the original property and the fruits of the original property. When rotating, if the execution target is a specific target, the original target shall be returned; If the original cannot be returned, it will be compensated at a discount.

Article 240th of the Civil Procedure Law of People's Republic of China (PRC), after the execution, if the judgment, ruling and other legal documents based on it are really wrong and are revoked by the people's court, the people's court shall make a ruling on the executed property and order the person who obtained the property to return it; Refuse to return, compulsory execution.

Article 483 of the Supreme People's Court's Interpretation of Application stipulates that if the applicant for enforcement applies to the people's court for compulsory execution within the application execution period, the people's court shall accept it. If the person subjected to execution raises an objection to the application within the limitation period, and the people's court finds that the objection is established after examination, it shall rule that it shall not be executed.

After the person subjected to execution has fulfilled all or part of his obligations, the people's court shall not support the request for cancellation of execution on the grounds that he does not know the expiration of the limitation period for application for execution.