​Enforcement of Judgement in general

Enforcement of Judgement in general
 
The article outlines the general provisions for the execution of legal documents in China. The people's court executes civil and criminal judgments and property portions of criminal judgments at the location of the executed property or the court of the first instance. The court executes other legal documents at the location of the executed property or the person's residence.
 
If a party believes that the execution violates legal regulations, they can file a written objection with the responsible court within 15 days of receiving the execution notice. If the court finds that the objection is valid, it can revoke or correct the execution, and the aggrieved party can apply for a review to the higher court. The decision will be rejected if the court does not find the objection valid.
 
If a court fails to execute a legal document for more than six months, the applicant can apply to a higher court for execution. The higher court can order the original court to execute within a certain period or decide to execute or instruct another court to execute.
 
During the execution process, if a third party objects to the executed property, the court will review the objection within 15 days of receiving the written objection. If the objection is valid, the court will suspend the execution of the property. If the objection is invalid, the court will reject it. If the third party or the party disagrees with the decision, they can file a lawsuit within 15 days of the decision.
 
The execution officer carries out the execution measures and must present their identification when taking compulsory measures. After completing the execution, the executive officer must make a record of the execution and have the relevant personnel present sign or seal it. The court may establish an executive agency as needed.
 
If the executed person or property is in another jurisdiction, the local court can be entrusted to execute it. The entrusted court must begin the execution within 15 days of receiving the entrustment letter and promptly report the execution results to the entrusting court. If the entrusted court fails to execute within 15 days of receiving the entrustment letter, the entrusting court can request the higher court of the entrusted court to instruct the execution.
 
If the two parties reach a settlement agreement during the execution, the executive officer must record the agreement's content in the record, and the two parties must sign or seal it. Suppose the executed person uses fraud or coercion to reach a settlement agreement or fails to fulfill the agreement. In that case, the court may restore the execution of the original effective legal document upon the other party's application.
 
If a citizen being executed dies, their estate is used to repay the debt. If a legal person or other organization that is being executed terminates, the successor will fulfill the obligations.
 
If an executed legal document has errors and has been revoked by the court, the court must issue a ruling that requires the person who obtained the property to return it. If they refuse to return it, compulsory execution can be carried out.
 
The article also covers the execution of mediation documents, arbitration decisions, and notarized debt instruments. The article clarifies the application process for executing legal documents and outlines the statute of limitations. Finally, the article discusses the role of the procuratorate in supervising the execution of civil actions.