Application was carried out, why to still take money?

A lot of party think

Want to applied for to carry out to the court only

Can press a program smoothly

The money that recapture is borrowed or defaults

When the court already end method is searched repeatedly,

Still cannot find any belongings clue. . .

Cannot carry out in time when reaching the designated position,

A lot of people think:

This is forensic job not do one's best.

Produce such misunderstanding

Because,be

Everybody is promiscuous two very crucial concepts:

It is difficult to carry out with carry out cannot

"It is difficult to carry out " and " carry out cannot " distinction?

"It is difficult to carry out " it is to point to court decision, ruling, arbitral adjudication, mediation after the executive basis become effective such as the book, itself of person be executived has the capacity that fulfils reimbursement obligation, but the case that cannot carry out because of a variety of reasons. The reason includes, person be executived is transferred intentionally, hide belongings, bring about a court to check accuse difficulty; Person be executived misses, find hard; Concerned branch does not deserve to close, bring about executive labour feel embarrassed to wait for case with be being begun smoothly.

"Carry out cannot " it is to show the executive process in the case is medium, go up objectively to be able to be offerred without belongings really as a result of person be executived carry out, via carrying out the case that forensic limit method still cannot carry out.

Say popularly, the substaintial distinction of two kinds of cases depends on: "It is difficult to carry out " belongings can be offerred carry out, but cannot carry out temporarily reach the designated position; "Carry out cannot " because objective reason case cannot be carried out according to executive basis at all,be reach the designated position.

Why can you arise " carry out cannot " ?

The court is carried out is relief measure of law of a kind of postmortem, case whether carry out reach the designated position to depend on on one hand executive strength of the court, executive measure; Basically depend on on the other hand of person be executived fulfill ability and economic atmosphere.

The case that the court carries out can divide roughly it is two kinds: The first kind is person be executived has belongings to be able to offer the case that carry out; The 2nd kind is person be executived can be offerred without belongings carry out, carry out the case that the method still cannot carry out via carrying out forensic limit, namely what we say normally " carry out cannot " case.

Top people court puts forward " with two solve basically to 3 years of time it is difficult to carry out " those who be aimed at is the first kind of executive case, those who point to is the case that person be executived has belongings to be able to be carried out in time entirely for carry out and cannot getting, what basically solve is person be executived avoid or defy carry out, concerned personnel or sectional interpose are carried out and the court is inactive carry out, protracted carry out wait for a problem; The 2nd kind " carry out cannot " the case should be not brought into " it is difficult to carry out " category, although this kind of case behaves the obligation that determines for copy clerk of become effective law to fail to come true finally from formally, but the commercial risk that belongs to application to carry out a person to ought to be assumed by oneself substantially, trade risk and legal hazard.

"Carry out cannot " if the case manages where?

"Carry out cannot " the case basically has the following means of 3 kinds of processing:

It is terminative carry out. Legal provision, should have one of following state, people court ought to rule terminative carry out: The citizen that serves as person be executived dies, can offer without bequest carry out, assume a person without obligation again; Because the citizen that serves as person be executived is badly off insolvent loan, without income source, lose labor ability again; Person be executived is ruled by people court of suspend payment; The legal entity that serves as person be executived or other organization by cancel, cancel, revoke business charter or close a business, after stopping, can offer without belongings already carry out, bear without obligation again person, also can not increase change to implement principal part lawfully.

2 it is terminative executive program. Legal provision, measure is investigated in end worth, did not discover person be executived has can offer the property that carry out, and had been fulfilled be over the program that law sets, in application executive person signs to affirm or carry out a court to comprise collegiate bench to examine after check and be being approved via the dean, can rule terminative executive program.

3 it is judicatory deliverance. Miss in person be executived or end is all after executive measure, discover person be executived did not carry out ability really, and it is extremely difficult that the application of case of the people's livelihood and person damages case carries out person economy condition can't maintain daily life, the regulation gives certain economy minister to be badly off with helping its solve to its related national ground.

Applicant

The case was entered " terminative executive program " hind, be without giving thought to,still in charge of after the court?

Tian Fajun

The court can is in charge of not only, and still can have been in charge of, do solid!

Be in terminative this second after executive program, every 6 months meet executive court to be carried out through the network check the worth that charges a system to inquire person be executived, accord with those who reinstate executive requirement, executive court will restore actively to carry out according to powers and authorities of office.

The applicant of the case discovers person be executived has what can offer executive property, can apply for to carry out again at any time, and do not accept the restriction during application executes effectiveness for a given period of time.

How be on guard " carry out cannot " ?

One, before appealing to, seasonable application court is right in appealing to the tangible worth of party of other one party undertakes conserving, can reduce what exist possibly to carry out greatly cannot risk.

2, offer a court to cannot check those who accuse to be carried out the person can offer the belongings clue that carry out, wait like account of information of bank Zhang date, negotiable securities, house property, foreign currency.

3, offer person be executived to fall, the obligation that the court will fulfill ability to having and copy clerk of law of refus nonperformance become effective determines, be carried out what did not declare belongings state to the court the person accepts fine, till find out the measure such as criminal responsibility,detain.

4, party also should enhance oneself law consciousness, mature before legal action holds water potential risk, through assuring, the means such as guaranty reduces a risk, decrease carry out the possibility that cannot appear.

5, careful folk is leasehold, be far from usurious. The individual wants credit only good or under one's name has property, application bank borrows money not only procedure is simple, quick, interest rate is relatively impressive also. In the executive case of weather station court, aggravation of credence of individual of existence of leasehold party of not little folk, under one's name does not have belongings, without steady income, folk cannot change direction after the bank obtains loan leasehold or usurious, do not have actually repay ability. "Usurious " have a risk, be damaged to avoid oneself increase, should look before you leap.

"Carry out cannot " small case

1

Wang Mou is a name with be in business to much person loan many yuan 600, financial insolvency accrual fails to be appealed to to come because of be in business after court. The case enters the discovery after carrying out, wang Mou under one's name covers estate to already mortgaged one by one only bank, this building is patted so that 5 million yuan control auction fund, be in preferential after 4.2 million yuan of creditor's rights that pay guaranty to give a bank and the litigant charge that involve a case, executive cost, remnant is less than 800 thousand yuan can allocate for other loan. Besides, wang Mou is not had other can offer the property that carry out, also did not stabilize income source.

2

Zhang Mou is desk of loan contract dispute person be executived, after executive case put on record, the court gives out report of executive advice note, property to make to person be executived, subpoena, right the belongings clew such as bank deposit, house property, car has person be executived inquiry, have without discovery can offer executive property. Via be being visited on the spot, be informed Zhang Mou lung cancer is terminal, domestic condition is difficult, build a house oneself except the country, do not have truly can offer executive property.

3

Wu Mou gets hurt to be sent to place because of the accident some hospital cure, but did not pay medical treatment service fee. This hospital appeals to then to local court, after the court is tried, adjudicate Wu Mou gives pay medical treatment of local some hospital to expend 29596.27 yuan. Because Wu Mou fulfils obligation not actively, reason hospital applies for to be carried out compulsively. The court is in to Wu Mou for many times investigation is visited in village and its home, find out Wu Mou lone, the poverty that fasten a village door, accept governmental side for a long time to help up, and action of the lie in bed after accident happening is disadvantageous, do not have fulfill ability.

4

Ji Mou comes undertake kitchen provides maintenance in Yuan Mou, Home Huang Mou, liquid gas kitchen produces explosion during, send Huang Mou, Yuan Mou and oneself different level burn. Because do not talk things over, yuan Mou, Huang Mou appeals to Ji Mou to the court, adjudicate Ji Mou assumes fund of more than yuan of 180 thousand compensation finally. The court is found out in executive process, ji Mou of person be executived fastens the disabled, enjoy a government low protect, did not check can offer executive property.

Here,

Hope applicants can

Reason is divisional " it is difficult to carry out " with " carry out cannot "

Ask pair of executive jobs

Much portion understands and trust!