Status of the Executive Board in the Court

The position of the executive board of the court is relatively high in the court, and the tasks undertaken by the executive board are special in the court. Duties of the executive board of the court: to execute legally effective civil judgments, conciliation statements and rulings, as well as the property part of criminal judgments and rulings, and to examine the execution objections, changes and additions to the persons subjected to execution; Assist in the execution entrusted by other courts. If enforcement measures need to be taken immediately, corresponding enforcement measures can be taken immediately after approval.

The executive board of the court is a secondary unit under the court. There are several courts under the Executive Board, most of which have executive courts, executive courts and comprehensive offices, and some also have petition courts. The tasks undertaken by the executive board are special in the court, especially in the current social situation that "judgments are easy to execute but difficult to execute", and the status of the executive board in the court is often relatively high.

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 duties are to implement civil and administrative judgments, rulings, conciliation statements, civil sanctions decisions and criminal incidental civil judgments, rulings and conciliation statements of first instance; To implement the administrative punishment decisions and administrative treatment decisions that should be executed by the people's courts according to law; To execute 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; To execute other legal documents that are prescribed by law to be executed by the people's courts; Execute cases designated by higher courts, execute cases entrusted for execution, handle matters related to entrusted and entrusted execution of cases, 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.

Duties of the Executive Board of the Court

(1) Execute the legally effective civil judgments, conciliation statements and rulings, as well as the property part of criminal judgments and rulings;

(2) To execute arbitral awards, notarized creditor's rights documents and other legal documents stipulated by law;

(3) review the execution objection, the change and addition of the executed subject;

(four) to take measures such as sealing up, distraining, freezing and deducting according to law, and to detain and fine those who hinder the implementation.

Compulsory measures;

(5) Assisting in the execution entrusted by other courts.

Court executive Committee procedure

1. After receiving the case materials, the executive board of the court thinks that the situation is urgent and needs to take immediate enforcement measures, and can take corresponding enforcement measures immediately after approval.

2. The executive board of the court shall, within 3 days after receiving the case materials, issue a notice of execution to the person subjected to execution, notify the person subjected to execution to declare the property in accordance with the provisions, and order the person subjected to execution to perform the obligations specified in the effective legal documents.

If the person subjected to execution transfers, conceals, sells or destroys property within the specified performance period, the people's court shall immediately take measures to control execution after being informed.

3. The executive board of the court shall, within 3 days after receiving the case materials, notify the applicant to provide the property status or property clues of the person subjected to execution.

4. If the executor provides specific property status or property clues, the executive board of the court shall conduct verification within 5 days after the executor provides the property status or property clues. In case of emergency, check it immediately.

If the executor of the application is unable to provide the property status or property clues of the person subjected to execution, or it is really difficult to provide the property status or property clues, and it is necessary for the people's court to conduct an investigation, the executive board of the court shall start the investigation procedure within 10 days from the date when the executor of the application makes an application for investigation.

5. According to the specific circumstances of the case, the undertaker should generally complete the investigation of the assets such as the income, bank deposits, marketable securities, real estate, vehicles, machinery and equipment, intellectual property rights, foreign investment rights, income, due creditor's rights, etc. Within 65,438+0 months.

If evaluation and auction measures are taken during the implementation period, the undertaker shall complete the selection of evaluation and auction institutions within 10 days.

6, the implementation of real estate, specific movable property and other property need to go through the transfer registration procedures, the contractor shall, within 5 days, serve a notice of assistance in execution to the relevant registration agencies.