What department is the Executive Committee?

The executive board of the court is co-located with the executive court, and the people's court sets up an executive body, which is the executive body of the judgment results. Its main responsibilities are:

1, which is to execute the court's first-instance civil and administrative judgments, rulings, conciliation statements, civil sanction decisions and criminal incidental civil judgments, rulings and conciliation statements according to hierarchical jurisdiction;

2, according to the law shall be executed by the people's court of administrative punishment decision and administrative decision;

3. Implement the arbitration award and conciliation statement of the arbitration institution; To execute the documents and articles for recovering creditor's rights that have been given compulsory enforcement effect by the notary public according to law;

4. Other legal documents stipulated by law to be executed by the people's court;

5. Execute cases designated by higher courts, execute cases entrusted for execution, handle matters related to cases entrusted and entrusted for execution, supervise, guide and coordinate the execution work of lower people's courts, and handle cases that lower people's courts or interested parties apply for reconsideration.

Is the Executive Committee an administrative body?

The enforcement court is an integral part of the court, which acts on its behalf. Therefore, if the court enforces the judgment, it can only be done by the enforcement court. However, the legitimacy of the organization is questionable, because the court is not an executive organ, but a judicial organ, which only applies the law. Of course, law enforcement in a broad sense also includes the application of law, but what is emphasized here is law enforcement in a narrow sense, which is different from judicial activities. Since the court does not enforce the law, the judgment made by the court as a non-normative legal document can certainly not be enforced by the court, because both non-normative legal documents and normative legal documents (i.e. laws and regulations) are laws in nature. In view of this, the executive court will be independent of the court, and an executive committee will be set up to execute the court's judgment. In nature, the executive Committee should belong to the administrative organ.

What is the execution procedure of the Executive Committee?

1. First, the parties must apply to the court. After the court accepts the case, the executive board of the court will implement the enforcement measures. The executor will issue an enforcement notice to the person subjected to execution, requiring the person subjected to execution to fulfill the obligations specified in the legal documents and declare his own property at the same time;

2. If the person subjected to execution fails to perform the obligations specified in the legal documents on time, the court may seal up, freeze or detain the property of the person subjected to execution and take compulsory measures against the person subjected to execution.

Legal basis: Article 241 of the Civil Procedure Law of People's Republic of China (PRC).

If the person subjected to execution fails to perform the obligations specified in the legal documents according to the enforcement notice, it shall report the current property status and the property status one year before the date of receiving the enforcement notice. If the person subjected to execution refuses to make a report or makes a false report, the people's court may, according to the seriousness of the case, impose a fine or detain the person subjected to execution or his legal representative, the principal responsible person of the relevant unit or the person directly responsible.