Many applicants, like me, faced it with the crowd of the person, play (rotten), and escape the itch.Therefore, he has been studying, obtaining evidence, and adopting the detention methods in the execution procedure to promote the person to actively perform his debt and safeguard his rights and interests.However, in this road of detention, it is also difficult. Especially in the current special period, the applicant wants to detain the person who is executed in accordance with the detention conditions.
That is to find people!Find someone!Find someone!
(I can’t find anyone, everything is busy)
(Everyone searches for the law, for reference only)
1. According to Article 111 of my country’s Civil Procedure Law;
2. The Supreme People’s Court’s interpretation of the Application of the Civil Procedure Law of the People’s Republic of China is Article 184 and 187;
3. The Supreme People’s Court’s explanation of the Application of the Civil Procedure Law of the People’s Republic of China; Article 188;
4. Article 9 of the "Supreme People’s Court on Several Issues of Property Investigation in Civil Execution";
5. "Several Provisions of the Supreme People’s Court on Restricting High Consumption and Consumption".
1. Application.There are two types: one is to apply for the applicants by themselves; the other is a special emergency.But the second one is relatively small, because there are too many things in the court every day and may not be busy, so the applicant must actively apply.Still, don’t rely too much on the court, let alone what the court should do. In fact, it is our own business.
2. Approval.After the application, the court will start the internal procedure, that is, the leader will be verified and signed by the leader, so you do n’t have to worry too much after submitting. Just wait patiently.
3. Implementation.Determine the conditions for detention. After the leadership signs, the executive judges and the bailiff will detain the executed person.For example, if you are detained on the spot, you will read the detention decision and inform the rights and interests.
4. After implementation.Send it to the detention center and the physical examination of the person’s body.You need to inform your family after being detained.
5. Reconsideration.Give relief rights and do not suspend execution.
1. Pregnant women.That is, pregnant women who have been pregnant and breastfeeding cannot be detained.
2. Representative of the National People’s Congress.Above the county level …
3. Old man.Over 60 years old.
5. There are disability and disease.
But it is an effective execution measure, and most of them are timid in their hearts. Generally, they are not afraid of being detained. They are either bluffed or used to criminals.
Whether the executed person can take the initiative to perform the debt after the detention, and whether it can be executed to the money. At this time, it is not the key to execute the judge. We still have to look at the person’s economic ability and performance ability.
Usually, those who are rich and conditional. Before the formal detention measures, they will actively repay the full debt or part of the debt before they enter the detention center;The source of the source is not available for the executor who executes the property. It is detained in time and does not get money in time, and it is only temporarily unlucky.
After detention, pay attention to observing the mentality of the executed person. If the attitude is good, it also means that it can be negotiated and negotiated.
If the attitude is X Zhang, or a dead pig is not afraid of boiling water, it is also the most effective method (next time you share the crime of refusal).
I am@我 我 gyz, an applicant of a traffic case, and a barbarous student.Follow me and continue to share those things on the way of execution.