Notice of the Higher People's Court of Jiangsu Province on how to implement the relevant issues concerning unclear implementation contents

Su Gao Fa Dian [20 17] No.805

City Intermediate People's Court, Xuzhou Railway Transport Court and Basic People's Court:

In the practice of implementation, the content of the effective legal documents is not clear, which often brings some troubles to the implementation, and the letters and visits involved also account for a considerable proportion. The relevant matters concerning how to implement when the implementation content is unclear are hereby notified as follows:

First, after the execution of the case, it is found that the implementation content determined by the effective legal documents is not clear during the execution process, and the executors should try their best to make the implementation content clear in the following ways:

1. The parties shall negotiate by themselves or the executor shall organize the parties to negotiate, and try to clarify the implementation contents through negotiation;

2. Solicit the opinions of the undertaker and members of the collegial panel who made the effective legal documents by letter, and the letter shall specify that the implementation content shall be corrected or explained within 1.5 days to make the implementation content clear;

3, communicate with the parties, and strive to make the parties reach an execution settlement and perform.

Second, the implementation content determined in the main text of the effective legal document is not clear, but if the relevant payment content has been determined in the fact finding and judgment reasoning part of the effective legal document, it is deemed that the implementation content is clear, and the enforcement judge can implement it according to the facts identified in the effective legal document and the findings in the reasoning.

Three, where the main contents of the legal documents in force have one of the following circumstances, and can not be implemented by the method in Article 1, according to the "the Supreme People's Court on the application of

1. The defendant was judged to be liable for repayment within the scope of unpaid project funds, but it was not clear whether the project funds were in arrears and how much project funds were owed;

2. It is judged that the contract will continue to be performed, but the specific content of continued performance is not clear;

3. Judge or mediate the defendant to return the plaintiff's land and restore it to its original state, but it is not clear what the original state is;

4. The judgment or conciliation statement confirms that one of the spouses has the right to visit, but the time, duration, method and place of exercising the right to visit are not clear;

5. The defendant is judged to deliver water surface or land to the plaintiff, but the area and scope of the water surface or land are not clear;

The defendant was sentenced to apologize to the plaintiff. If he doesn't apologize, he should apologize in the newspaper, but it is not clear whether the carrier of apology in the newspaper should be a national, provincial or municipal newspaper;

7. The defendant (upstairs) was sentenced to repair the house until it was watertight, but it was not clear where to repair it;

8. The defendant was sentenced to return the property to the plaintiff, but the specific information such as the name, quantity and specifications of the property was unclear. For example, the defendant was sentenced to return a piece of jade, but it did not specify what jade it was and how big it was;

9. It is judged that a company of the defendant handled the real estate license for the plaintiff before a certain day of a certain year, and failed to pay the liquidated damages within the time limit, but the standard for paying the liquidated damages is not clear;

1 0. The defendant was sentenced to hand over the project completion data that should be handed over according to the relevant provisions of the state, but it was not clear what data should be handed over;

1 1. In the dispute of obstruction of passage, the defendant was sentenced to open the passage before a certain day of a certain year, but the location and width of the road were not clear;

1 2. Other circumstances where the implementation content is unclear.

Four, for the effective legal documents to determine the payment content is not clear, in the process of implementation, it shall be ruled to reject the application for execution, and shall not be ruled not to execute.

5. Before ruling to reject the application for execution, the judge in charge shall explain to the parties that the execution content is unclear and unenforceable, and the parties may apply for execution after clarifying the execution content through separate litigation or other means. The explanation should be recorded in the volume.

It is explained that if the application executor voluntarily withdraws (cancels) the application for execution, the execution shall be terminated; If the application for execution is not withdrawn (revoked) or still adhered to, the enforcement court may rule to reject the application for execution.

Six, the ruling rejected the application for execution, the executive court shall form a collegial panel to review, and report to the executive director for approval. If the person subjected to execution does not agree to reject the application for execution, the collegial panel shall hold a public hearing for examination.

Seven, the rejection of the application for execution shall be made in writing and served on the person subjected to execution and the person subjected to execution.

If the person subjected to execution refuses to accept the ruling of rejecting the application for execution, he may apply to the people's court at the next higher level for reconsideration within ten days from the date when the ruling is served.

In the ruling of rejecting the application for enforcement, the enforcement court shall inform the applicant of the right and time limit for applying for reconsideration.

If the court at the next higher level considers it enforceable after reconsideration, it shall make a ruling to revoke the original ruling, and the enforcement court shall continue to enforce it.

Eight, the application executor fails to file an application for reconsideration or the people's court at the next higher level maintains the original ruling after reconsideration, the enforcement court may close the case by "rejecting the application".

If the person subjected to execution requests voluntary performance after receiving the ruling rejecting the application for execution, it shall be allowed.

Nine, civil mediation and other effective legal documents determine the payment content is conditional on breach of contract or other performance conditions. If it is difficult for the enforcement judge to judge whether there is breach of contract, the degree of breach of contract and whether the other party breaches the contract or whether other performance conditions are met, the enforcement judge may rule to reject the application for execution and inform the parties to confirm it separately, except that the parties reach an agreement on the implementation content.

Ten, the execution of administrative judgments and criminal judgments involving property, with reference to this notice.

Where the execution of notarized creditor's rights documents and arbitral awards is clearly stipulated in laws and judicial interpretations, it shall be handled in accordance with the provisions of laws and judicial interpretations; If there is no clear stipulation, it shall be handled with reference to this notice.

Please follow the above notice.

Attachment: Ruling Form for Rejecting Execution Application (Template)

Jiangsu Higher People's Court

2017165438+1October 24th