Read clew
" top people court deals with executive different make peace to reconsider a case about people court the regulation of a certain number of problems " (the following abbreviation " " executive different make peace reconsiders a regulation " " ) the 2nd, people court ought to be inside 3 days put on record, be in after put on record inside 3 days announcement demur person and relevant party. Do not accord with those who accept a condition, the ruling does not grant to accept; The discovery after put on record does not accord with those who accept a condition, the ruling rejects application. Executive demur application material not of all ready, people court ought to one-time tell demur person complemental inside 3 days, exceed the time limit is not complemental, do not grant to accept. " according to afore-mentioned regulations, party carries out behavior or the enjoy enough to eliminate to carry out rights and interests to implementing award with respect to the irregularity of executive court, can mention to executive court executive demur, executive court basis " code of civil law " the 225th regulation with 227 undertakes checkup to demur, accord with a regulation should grant to accept, the ruling does not grant to accept or should reject demur what do not accord with a regulation to apply for. Explanation of the concerned law that the article examines executive demur put on record to accept limits, code, judicatory and the normative sex document that can offer reference and relevant and typical case and juridical point comb collect to be as follows:
One, relevant law laws and regulations and judicatory explanation
1, " top people court deals with executive different make peace to reconsider a case about people court the regulation of a certain number of problems " [law commentate 〔 2015 〕 10]
The 2nd [executive demur put on record examines a regulation]
Executive demur accords with a code of civil law the 225th or of the 227th rated condition, people court ought to be inside 3 days put on record, be in after put on record inside 3 days announcement demur person and relevant party. Do not accord with those who accept a condition, the ruling does not grant to accept; The discovery after put on record does not accord with those who accept a condition, the ruling rejects application.
Executive demur application material not of all ready, people court ought to one-time tell demur person complemental inside 3 days, exceed the time limit is not complemental, do not grant to accept.
Demur person applies for ruling disaffected to granting to accept or be rejected, can rule court of people of on 10 days of introversion since the day of service one class applies for to reconsider oneself. After court of people of on one class is examined, think to accord with those who accept a condition, ought to rule cancel rules formerly, dictate executive court put on record perhaps undertakes checkup to carrying out demur.
The 6th [the regulation of executive demur deadline]
Code of civil law of according to of person of party, interests sets demur the 225th times, ought to put forward before executive program is terminative, but the except to demur of terminative executive measure.
Code of civil law of case alien according to sets demur the 227th times, the execution that ought to point to in demur puts forward before the execution of mark is terminative; Of executive mark suffer by party let, ought to put forward before executive program is terminative.
The 23rd [the provision that implements the case that reconsider to examine processing result]
After the reconsidering application that to refusing to obey demur rules examines court of people of on one class, ought to according to following scenario, cent manages somewhere else:
(one) demur rules cognizance fact is clear, applicable law is correct, the result should grant to maintain, the ruling rejects the application that reconsider, maintain demur to rule;
(2) demur ruling maintains factual mistake, applicable perhaps law is wrong, the result should grant to correct, ruling cancel perhaps changes demur ruling;
(3) demur ruling maintains what not clear, evidence is not worth basic fact, rule cancel demur rules, send the people court that makes a ruling to be examined afresh, perhaps make a thorough investigation of corresponding ruling is made after the fact;
(4) demur ruling omits demur to request to perhaps exist other and serious the condition that violates legal order, rule cancel demur rules, send the people court that makes a ruling to be examined afresh;
(5) the exception that demur ruling correspondence provides the 227th times to careful investigates manage when applicable code of civil law, wrong and applicable code of civil law sets those who examine processing the 225th times, rule cancel demur rules, send the people court that makes a ruling to make a ruling afresh.
Except according to this the first the 3rd, 4, 5 hair return the case that be examined afresh or makes a ruling afresh outside, ruling cancel perhaps changes demur to rule and executive behavior but of cancel, change, ought to the executive behaviour that at the same time cancel perhaps changes this ruling to maintain.
After people court makes a ruling to sending the case that investigates afresh, person of party, interests applies for to reconsider, after court of people of on one class is reconsidered, must not send again examine afresh.
2, " code of civil law "
The 225th [executive demur]
Person of party, interests thinks executive behavior is lawbreaking of the regulation, can raise written objection to the people court that is in charge of carrying out. Person of party, interests raises written objection, since the day that people court ought to get written exception oneself examine inside 15 days, reason holds water, rule cancel perhaps is corrected; Reason does not hold water, the ruling is rejected. Person of party, interests is right ruling disaffected, can rule court of people of on 10 days of introversion since the day of service one class applies for to reconsider oneself.
The 227th [of case alien executive demur appeal to]
In executive process, case alien is right of executive mark raise written objection, since the day that people court ought to get written exception oneself examine inside 15 days, reason holds water, ruling break down is right of this mark carry out; Reason does not hold water, the ruling is rejected. Case alien, party refuses to obey to the ruling, think original court decision, ruling is wrong, according to rules monitor is dealt with; Have nothing to do with original court decision, ruling, can rule the sun of service rises to lodge a complaint of indrawn people court 15 days oneself.
3, " top people court breaks his promise to be carried out about announcing a certain number of regulations of person list information " (2017 edit)
Dozenth [break one's promise the relief way that information applies for to correct]
Citizen, legal person or other organization are carried out what person list applies for to correct to be being brought into to break one's promise, executive court ought to be received oneself written since the day that corrects application examine inside 15 days, reason holds water, ought to work in a few days to correct in 3; Reason does not hold water, decide to reject. Citizen, legal person or other organization decide disaffected to rejecting, court of people of on 10 days of introversion since the day that can decide book service oneself one class applies for to reconsider. Since the day that court of people of on one class ought to get the application that reconsider oneself the decision is made inside 15 days.
During reconsidering, do not stop what decide formerly to carry out.
4, top people court about applicable " code of civil law of People's Republic of China " explain [law commentate 〔 2015 〕 5]
The 304th [of executive demur appeal to administer court]
According to the code of civil law the 227th sets, case alien, party refuses to obey to carrying out demur to rule, court of 15 days of indrawn people since the day from ruling service mentions of executive demur those who appeal to, by executive court administer.
The 305th [the appeal to prosecution of case alien demur condition]
Case alien mentions of executive demur appeal to, except accord with a code of civil law outside the 119th regulation, still ought to have following requirement:
(one) the executive demur application of case alien has been ruled to reject by people court;
(2) the litigant request that has the clear execution that removes pair of executive sign, and litigant request and original court decision, ruling has nothing to do;
(3) since the day that executes demur ruling service oneself mention inside 15 days.
People court ought to have the 15 decisions inside day in the day that gets indictment whether put on record.
The 306th [application carries out a person to mention the condition of the appeal toing of executive demur]
Application carries out a person to mention the appeal toing of executive demur, except accord with a code of civil law outside the 119th regulation, still ought to have following requirement:
(one) according to case alien executive demur applies for, people court rules break down is carried out;
(2) the litigant request that pair of clear executive mark continuity are carried out, and litigant request and original court decision, ruling has nothing to do;
(3) since the day that executes demur ruling service oneself mention inside 15 days.
People court ought to have the 15 decisions inside day in the day that gets indictment whether put on record.
The 307th [the in appealing to party of case alien demur is decided really]
Case alien mentions of executive demur appeal to, carry out factitious the accused in order to apply for. Person be executived objects case alien demur, person be executived is corespondent; Person be executived does not object case alien demur, can list person be executived to be the 3rd person.
The 308th [application carries out a person to mention the party in the appeal toing of executive demur is decided really]
Application carries out a person to mention of the appeal toing of executive demur, it is the accused with case alien. Person be executived objects applying for to carry out a person to advocate, be carried out with the support of the people outside the case factitious corespondent; Person be executived does not object applying for to carry out a person to advocate, can list person be executived to be the 3rd person.
The 309th [person be executived has no right to mention the appeal toing of executive demur]
Application executive person carries out a ruling to did not mention to break down the appeal toing of executive demur, person be executived mentions of the appeal toing of executive demur, people court informs his to be sued separately.
The 310th [the tells cognizance program regulation of executive demur]
People court hears executive objection appeal to a case, applicable and average order.
The 311st [the allocation of responsibility of the quote in executive demur]
Case alien perhaps applies for to carry out a person to mention of the appeal toing of executive demur, case alien ought to is opposite with respect to its the enjoys enough to eliminate to be carried out compulsively civil rights and interests of executive mark assumes quote to prove responsibility.
The 312nd [the tell judge of case alien executive demur is regular]
Of the executive demur that counterproposal alien mentions appeal to, people court classics is tried, according to following scenario cent manages somewhere else:
(one) case alien carries out the enjoys enough to eliminate to be carried out compulsively civil rights and interests of mark, the court decision must not carry out this to implement award;
(2) case alien carries out the does not enjoy enough to eliminate to be carried out compulsively civil rights and interests of mark, the court decision rejects litigant request.
Case alien puts forward what the lawsuit of the right requests to affirm its at the same time, people court can make a judgment along with all the others in the court decision.
The 313rd [application carries out a person to mention the judgment of the appeal toing of executive demur is regular]
Carry out the appeal toing of demur to applying for those who mention to execute a person, people court classics is tried, according to following scenario cent manages somewhere else:
(one) case alien carries out the does not enjoy enough to eliminate to be carried out compulsively civil rights and interests of mark, the court decision allows carry out this to implement award;
(2) case alien carries out the enjoys enough to eliminate to be carried out compulsively civil rights and interests of mark, the court decision rejects litigant request.
The 314th [invalidation of executive demur ruling]
Of counterproposal alien executive demur appeal to, people court sentences what implement award rightly anything but to carry out, invalidation of executive demur ruling.
Carry out the appeal toing of demur to applying for to execute a person, people court court decision allows implement award to this those who carry out, invalidation of executive demur ruling, apply for or restore what executive court can execute a person according to application to carry out according to powers and authorities of office.
The 315th [the tells pair of executive programs effect of case alien demur]
Of case alien executive demur during appealing to cognizance, people court does not implement award rightly have disciplinary action. Application carries out a person to request people to the court continues to carry out and offer what assure accordingly, people court can allow.
Person be executived and case alien ill will are colluded with, those who pass executive demur, executive exception appeal to obstructive carry out, people court ought to according to code of civil law sets processing the 113rd times. Because this is damaged,application executes a person, can to lodge a complaint asks alien of person be executived, case is compensated for.
The 316th [the appeal toing that applies for to carry out a person to carry out demur is affected to executing an order]
After people court is carried out to carrying out the ruling break down of mark, during applying for what set in law to execute a person inside did not mention of the appeal toing of executive demur, people court ought to have the 7 take executive step that remove to implement award to this in a few days from the day that sues deadline at the expiration of one's term of office.
The 464th [case alien demur raises time limit]
According to the code of civil law the 227th sets, case alien is right of the demur of executive mark, the executive Cheng that ought to implement award in this puts forward before foreword is terminative.
The 465th [the processing of demur of forensic counterproposal alien]
Case alien is right the raise objection of executive mark, via examining, according to following scenario cent manages somewhere else:
(one) case alien is right of the does not enjoy enough to eliminate to be carried out compulsively rights and interests of executive mark, the ruling overrules its objection;
(2) case alien is right of the enjoys enough to eliminate to be carried out compulsively rights and interests of executive mark, rule break down is carried out.
The day that rejects case alien to carry out alien of record of demur ruling service rises 15 days inside, people court does not implement award rightly have disciplinary action.
5, " top people court carries out the job about people court the regulation of a certain number of problems (try out) " [law commentate 〔 1998 〕 15, 2008 edit]
The 70th [offer form of case alien demur]
The case alien view to implementing award of the right, can to executive court demur.
Case alien demur ought to put forward with written form commonly, provide corresponding evidence. Put forward with written form truly inconvenient, can allow to put forward with oral form.
The 71st [measure is implemented during case alien demur is examined]
The objection that counterproposal alien raises, executive court ought to according to code of civil law the 208th (active " code of civil law " the 227th) the regulation undertakes checkup.
During examining, can adopt to belongings close down, sequestered, freeze etc conserve measure, but must not have disciplinary action. The punish measure that implementing ought to stop.
Via examining those who think the demur reason of case alien does not hold water, the ruling overrules its objection, continue to carry out.
6, " top people court about code of civil law of applicable < People's Republic of China > the explanation of a certain number of executive program problems " [law commentate (2008)13 date]
The 5th [executive demur put on record examines a regulation]
In executive process, the executive behavior that person of party, interests thinks to carry out a court is lawbreaking of the regulation, can according to code of civil law the 202nd (active " code of civil law " the 225th) set demur.
Executive court examines processing to carry out demur, since the day that ought to get written exception oneself the ruling is made inside 15 days.
The 6th [the form that executive demur files asks]
Code of civil law of according to of person of party, interests stipulates application is reconsidered the 202nd times, ought to take written form.
The 7th [carry out reconsider]
Person of party, interests files reconsidered written material, can pass executive court pass on, OK also and direct refer to the court of people of on one class of executive court.
After executive court receives the application that reconsider, the records data newspaper that ought to want the place that reconsider inside 5 days serves one class people the court; After court of people of on one class receives the application that reconsider, ought to inform executive court inside 5 days the newspaper sends the place that reconsider needed records material.
The 8th [the checkup that reconsiders to carrying out]
The reconsidering application of court of people of on one class to person of party, interests, ought to comprise collegiate bench to undertake checkup.
The 9th [the checkup that the court reconsiders to carrying out deadline]
Code of civil law of according to of person of party, interests stipulates application is reconsidered the 202nd times, since the day that court of people of on one class ought to get the application that reconsider oneself examine inside 30 days end, make a ruling. Special situation needs prolate, via approval of this academy dean, can lengthen, prolate deadline must not exceed 30 days.
The 10th [carry out assure]
During executive demur is examined and be being reconsidered, do not stop to carry out.
Person be executived, interests person is offerred sufficient, effective assure the request stops corresponding punish measure, people court can allow; Application carries out a person to offer sufficient, effective assure the request continues to carry out, ought to continue to carry out.
The 15th [executive demur put on record examines a regulation]
Case alien perhaps has other enough to prevent the hypostatic right of the cession of executive mark, consign to implementing the view fee of mark, can according to code of civil law the 204th regulation, to executive court demur.
7, " a certain number of provisions that top people court implements about share of worth of criminal judgment experience " [law commentate 〔 2014 〕 13]
The 14th the first [the form that executive demur files asks]
In executive process, person of party, interests thinks executive behavior is lawbreaking regulation, or the hypostatic right that case alien carries out to carrying out the view enough of mark to prevent, raise written objection to executive court, executive court ought to the 225th regulation handles according to code of civil law.
8, " top people court implements a certain number of public provisions about people court " [the law is sent (2006)35 date]
Eleventh [the hearing of witnesses in executive program]
People court is being dealt with when participating in distributive to carry out a case, ought to the processing program belongings of person be executived, allocate principle and cent recipe case and relevant law provision to inform application to participate distributive loan. When necessary, ought to organize each party to hold a hearing.
Dozenth [the hearing of witnesses in executive demur program]
The demur of alien of people court counterproposal, application that does not grant to carry out and change, add the major executive item such as main body be executived, ought to make public hearing of witnesses to undertake checkup commonly; Details of a case is simple, the fact is clear, those who do not have necessary hearing of witnesses, people court can be examined directly. Examine a result to ought to make ruling book service lawfully each party.
Dozenth [the regulation that executive behavior demur examines a result]
The demur of alien of people court counterproposal, application that does not grant to carry out and change, add the major executive item such as main body be executived, ought to make public hearing of witnesses to undertake checkup commonly; Details of a case is simple, the fact is clear, those who do not have necessary hearing of witnesses, people court can be examined directly. Examine a result to ought to make ruling book service lawfully each party.
9, " top people court handles executive case about people court the regulation of a certain number of deadline " [the law is sent (2006)35 date]
The 9th [the regulation that executive behavior demur examines a result]
To carrying out the checkup of demur, undertaker ought to be in after receiving demur material to reach executive records put forward to examine processing opinion inside 15 days.
The 10th [the regulation that executive behavior demur examines a result]
Need to undertake hearing of witnesses to carrying out the checkup of demur, person of demur of the 10 inside day organizations after collegiate bench is deciding hearing of witnesses, application carries out person of interests of etc of person, person be executived to undertake hearing of witnesses.
Undertaker ought to be in after end of hearing of witnesses inside 5 days put forward to examine processing opinion.
Eleventh [the regulation that executive behavior demur examines a result]
To carrying out the checkup of demur, people court ought to be commonly inside a month deal with end.
Need to extend deadline, undertaker ought to offer application inside before deadline at the expiration of one's term of office 3 days.
2, solid Wu point and referenced case:
1, executive demur accords with a code of civil law the 225th or of the 227th rated condition, people court ought to be inside 3 days put on record, be in after put on record inside 3 days announcement demur person and relevant party. Do not accord with those who accept a condition, the ruling does not grant to accept; The discovery after put on record does not accord with those who accept a condition, the ruling rejects application.
[the judgment is textual] the court thinks, "This case the College of the Humanities already was returned to military region hostel still be located in prosperous of Wuhan city fierce street of Ou Luojia hill 81 483 (plain 115) the land that along the road faces lake a sector of an area (2000 square metre) reach the building on the ground 3 buildings (in all 5, wuhan quadrangle already implemented this proposal the basis (2013) E Min one eventually the executive content with the 00072nd civil firm court decision carries out the word end, and on July 29, 2016 service of advice note of end a case each party. Accordingly, wuhan quadrangle (2014) in E Wuhan hold the 00838th case carries out the word the program is already terminative. According to " top people court deals with executive different make peace to reconsider a case about people court the regulation of a certain number of problems " the 6th the 2nd ' code of civil law of case alien according to sets demur the 227th times, the execution that ought to point to in demur puts forward before the execution of mark is terminative; Of executive mark suffer by party let, ought to put forward before executive program is terminative ' regulation, because the case alien demur of trade of tall dark classics fails to put forward before executive program is terminative, the accepting that does not accord with executive demur condition. Wuhan quadrangle basis " top people court deals with executive different make peace to reconsider a case about people court the regulation of a certain number of problems " the 2nd ' executive demur accords with a code of civil law the 225th perhaps the 227th, people court ought to be inside 3 days put on record, be in after put on record inside 3 days announcement demur person and relevant party. Do not accord with those who accept a condition, the ruling does not grant to accept; The discovery after put on record does not accord with those who accept a condition, the ruling rejects application ' regulation, the ruling rejects its demur application, applicable law is correct, do not have undeserved. Do not have undeserved..
[case origin] " dispute of the contract of hostel of hill of Jia of Luo of military region of province of limited company, Hubei that rent executes trade of classics of Wuhan Qiao Sen examine kind of executive ruling book " [Hubei saves senior people court (2017) E Zhifu 122]
2, the objection that raises in the light of the place of executive mark, basis " code of civil law " the 227th regulation, should mention to executive court by the case alien of hypostatic to carrying out the hold of mark right case alien demur, someone else has no right to carry out the demur of mark with respect to what place of Xu Yi court carries out.
[the judgment is textual] this academy thinks, "This case controversy focus is piece of hut village appoint the comfortable case subject that whether can raise demur matter for place. " code of civil law of People's Republic of China " the 227th regulation: ' in executive process, case alien is right of the demur of executive mark, since the day that people court ought to get written exception oneself examine inside 15 days, reason holds water, ruling break down is right of this mark carry out; Reason does not hold water, the ruling is rejected. Case alien, party refuses to obey to the ruling, think original court decision, ruling is wrong, according to rules monitor is dealt with; Have nothing to do with original court decision, ruling, can rule the sun of service rises to lodge a complaint of indrawn people court 15 days oneself. ' " top people court deals with executive different make peace to reconsider a case about people court the regulation of a certain number of problems " the 2nd the first section provision: ' executive demur accords with a code of civil law the 225th or of the 227th rated condition, people court ought to be inside 3 days put on record, be in after put on record inside 3 days announcement demur person and relevant party. Do not accord with those who accept a condition, the ruling does not grant to accept; The discovery after put on record does not accord with those who accept a condition, the ruling rejects application. ' in this case, zhang An village appoint the land that can buckle 188700 yuan of forensic money to fasten Zhang An village to concern farmer with Xu Yi court sheds relet gold, the real property of this money mentions for the concerned farmer of village of factitious × × demur, think the court ought not to carry out experience record label. This request fastens the objection that raises in the light of the place of executive mark, basis " code of civil law of People's Republic of China " the 227th regulation, should mention to executive court by the case alien of hypostatic to carrying out the hold of mark right case alien demur, zhang An village appoint the droit person that can advocate its are not executive mark, have no right to carry out the demur of mark with respect to what place of Xu Yi court carries out, to its demur applies for to should grant to reject. The place on put together is narrated, demur of Xu Yi court rules applicable law is wrong, this academy gives correct. This academy gives correct..
[case origin] " dispute of contract of service of meal of gold of committee of villager of village of Zhang An of town of pond of chrysanthemum of Xu Yi county, Liyu carries out ruling book " [Jiangsu province the Huaihe River brings court of city intermediate people (2017) revive 08 hold answer 59]
3, because of prevenient close down the court already undertook checking accusing to experience case belongings, reason this academy annulus await the effectiveness that close down to belong to treat calm condition, namely of this case annulus await close down have not produce legal effectiveness, cannot deal with lawfully experience case belongings, case alien cannot is opposite not of become effective close down executive behavior demur.
[the judgment is textual] the court thinks, "In executive process, person of party, interests to people court demur, should carry out specific executive action with people court and should carry out behavior to had produced legal effectiveness to be premise. Shao Sheng of case alien Zou holds experience case vehicle be bought for its and enjoy a car authority is belonged to for to this academy demur, the purpose is block however this academy is right experience case car carry out. But experience case car before be being closed down by Nanning quadrangle, court of Shenzhen city intermediate people already closed down, close down the Guangdong before deadline at the expiration of one's term of office saves senior people court to continue to be opposite experience case car close down, this academy is right experience case car close down after Guangdong saves senior people court to close down, belong to annulus await close down. Because of prevenient close down the court is right experience case car already undertook checking accusing, reason this academy annulus await the effectiveness that close down to belong to treat calm condition, namely of this case annulus await close down have not produce legal effectiveness, cannot deal with lawfully experience case car, case alien is right not of become effective close down executive behavior demur, do not accord with " code of civil law of People's Republic of China " the 227th regulation, according to top people court " deal with executive different make peace to reconsider a case about people court the regulation of a certain number of problems " the 2nd the first ' executive demur accords with a code of civil law the 225th perhaps the 227th, people court ought to be inside 3 days put on record, be in after put on record inside 3 days announcement demur person and relevant party. Do not accord with those who accept a condition, the ruling does not grant to accept; The discovery after put on record does not accord with those who accept a condition, the ruling rejects application ' regulation, the demur of Shao Sheng of Zou of reason case alien does not accord with condition of put on record, should grant to reject lawfully, its advocate but to the people court that closes down above all namely Guangdong saves senior people court to put forward. According to is highest people court " deal with executive different make peace to reconsider a case about people court the regulation of a certain number of problems " the 2nd the first regulation, ruling: Reject Zou Shaosheng's demur to apply for. Reject Zou Shaosheng's demur to apply for..
[case origin] " dispute of contract of loan of finance of limited company of development of estate of sea of benefit of Zou Shaosheng, Guangxi is carried out examine kind of executive ruling book " [the Guangxi Zhuang Autonomous Region is advanced people court (2017) Gui Zhiyi 133]
4, executive court place makes a ruling in " this academy thinks " although partial logic has undeserved, but the discovery after executive demur put on record does not accord with those who accept a condition, executive court ruling rejects its demur application, applicable law and processing result are not had undeserved.
[the judgment is textual] the court thinks, "10 lasher branch is aimed at Lai Fukang 10 lasher quadrangle (2015) another name for Hubei province in 10 lasher hold the executive demur application that the 00011st executive ruling offers extensive word, do not belong to " code of civil law of People's Republic of China " of the executive demur case of the 225th regulation accept limits. 10 lasher quadrangle (2017) another name for Hubei province 03 hold different carries out a ruling 11 numbers " this academy thinks " although partial logic has undeserved, but according to " top people court deals with executive different make peace to reconsider a case about people court the regulation of a certain number of problems " the 2nd the first ' executive demur accords with a code of civil law the 225th perhaps, people court ought to be inside 3 days put on record, be in after put on record inside 3 days announcement demur person and relevant party. Do not accord with those who accept a condition, the ruling does not grant to accept; The discovery after put on record does not accord with those who accept a condition, the ruling rejects application ' the regulation rejects its demur application, applicable law and processing result are not had undeserved. The reconsidering request of 10 lasher branch cannot establish Lai Fukang, this academy gives lawfully reject. This academy gives lawfully reject..
[case origin] " Wuhan Lai Fukang is industrial Inc. Bai Lang development of 10 lasher branch, 10 lasher city is strong dispute of contract of business of loose technology service station is carried out examine kind of executive ruling book " [Hubei saves senior people court (
5, party thinks to owe capital and interest in executive program (include to fulfill accrual tardily) computation has by accident, should to carry out executive branch to put forward, because carry out executive branch to have not make specific executive action, the executive demur of friend party applies for what lawful law and judicatory explain the regulation carries out behavior demur case to not agree with accept a condition.
[the judgment is textual] the court thinks, "" code of civil law of People's Republic of China " the 225th regulation, person of party, interests thinks executive behavior is lawbreaking of the regulation, can raise written objection to the people court that is in charge of carrying out. Top people court " deal with executive different make peace to reconsider a case about people court the regulation of a certain number of problems " the 2nd the first section provision, executive demur accords with a code of civil law the 225th or of the 227th rated condition, people court ought to be inside 3 days put on record, be in after put on record inside 3 days announcement demur person and relevant party. Do not accord with those who accept a condition, the ruling does not grant to accept; The discovery after put on record does not accord with those who accept a condition, the ruling rejects application. In this case, this academy is in company of the debt in carrying out and lark radio dispute of factory loan contract in one case, the computational method that has not reach accrual to capital of this case creditor's rights and amount make executive decision. The factory offers lark radio its answer the debt capital of company of the debt in repaying and accrual (include to fulfill accrual tardily) should calculate come to stopped on March 30, 2009, this view ought to to carry out executive branch to put forward. Because carry out executive branch to have not make specific executive action, the executive demur of the factory applies for reason lark radio not be good law and judicatory explanation regulation carry out behavior demur case accept a condition, this academy gives reject. This academy gives reject..
[case origin] " creditor's rights of the debt in Beijing trades the center is finite the executive ruling book such as liability company " [Beijing is advanced people court (2017) Beijing hold different 1]
6, postscript of ruling of demur of refute receipt travel is made in executive court, party should up court of one class people applies for to reconsider, by people of on one class the courtyard examines the law to whether accord with executive demur put on record to examine accept a condition, omit this one program to mention of executive demur appeal to without legal basis.
[the judgment is textual] this academy thinks, "Basis " top people court deals with executive different make peace to reconsider a case about people court the regulation of a certain number of problems " the 2nd regulation, executive demur accords with a code of civil law the 225th or of the 227th rated condition, people court ought to be inside 3 days put on record, be in after put on record inside 3 days announcement demur person and relevant party. Do not accord with those who accept a condition, the ruling does not grant to accept; The discovery after put on record does not accord with those who accept a condition, the ruling rejects application. Demur person applies for ruling disaffected to granting to accept or be rejected, can rule court of people of on 10 days of introversion since the day of service one class applies for to reconsider oneself. Accordingly, company of engineering of the first construction, Hu Zhonggui is in county of this Long Shan of case appellant Hunan Province West Hunan quadrangle was made on June 15, 2016 (2016) Hunan 31 hold different word rejects postscript of executive demur ruling 2 numbers, should decide according to afore-mentioned compasses apply for to reconsider to court of people of on one class, by people of on one class the courtyard examines the law to whether accord with executive demur put on record to examine accept a condition, omit this one program to mention of executive demur appeal to without legal basis. On put together, a:appellant request of company of engineering of the first construction, Hu Zhonggui cannot establish county of hill of Hunan Province dragon, should grant to reject. Should grant to reject..
[case origin] " county of hill of Hunan Province dragon company of engineering of the first construction, Hu Zhonggui 2 careful are civil ruling book " [Hunan Province is advanced people court (2016) Hunan civilian eventually 674]
More ↓ ↓
