A answer!Frequently Ascending issues of the Nine National Congress of the Communist Party of China

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When the parties execute the case online

Common problem

The following will answer and prompts one by one

Frequently Ascend

ask

Why did I contact me without a judge after submitting the application for submission of the case, nor did I receive the information?

answer

After the judge is reviewed, the system will send review opinions to the parties. You can read the mobile phone history text message and filing platform to check the results of the audit.

According to the law, the review period for the online case is 7 working days. After the review, the review opinions will be sent to the parties through SMS and platform information. Please check the mobile phone SMS or filing platform in time to prevent the leakage audit information. In addition, some parties are not familiar with the operation of the online filing platform. It is recommended to check the list of case case cases in time after the case is filed. Only the filing information of the "to be reviewed" state is a successful submission.

Frequently Asked Questions 2

ask

Reviewing the SMS prompt me to provide "Delivery Address Confirmation", "Self -service refund, and return account information form"?

answer

These two forms are necessary materials for execution of the case and handling process. Please fill in according to the template.

The "Delivery Address Confirmation" is a necessary material for execution of the case, which means that the parties confirm their own real contact information. The subsequent judges send legal documents based on the contact information in the confirmation letter. "Self -help refund and return account information form" is the parties confirmed the information of personal collection accounts. After the case is transferred, the judge can automatically remit the case into the party's account without the parties who do not need to run another trip to another trip. Essence

Frequently Ascended Three

ask

The review opinion replied "Please clarify interest (liquidated damages, fines ...) calculation amounts, and stipulate the calculation details"?

answer

This requires the parties to count the interest on a clear amount so that the executive judge can perform the follow -up execution procedures based on the party's application.

According to Article 20 of the "Supreme People's Court on Several Issues on the Execution of the People's Court (Trial)", the parties to apply for the implementation of the enforcement legal documents need to write the reasons, matters, matters, and the clear implementation of the implementation of the application execution. , In order to clarify the scope of execution of the execution agency. Therefore, the parties need to provide a clear execution amount for execution judges in the application application.

In the judgment, the defendant should be judged to bear the money project of the amount of interest (fine, penalty), etc., if the parties apply for the implementation of the person's money debt, please temporarily calculate the interest rate in accordance with the interest rate stipulated in the judgment to the application execution. On the day, the interest amount and calculation are clearly written into the application execution letter to facilitate the follow -up work of the follow -up judge to carry out accounts for account inspection and control.

Frequently Ascended Question Four

ask

The review opinion replied "If you apply for the delay in performing the interest, please clear the amount and stimulate the calculation details"?

answer

The delayed performance of the interest is a punitive measure for overdue performers in the form of additional fines. The parties in practice have misunderstood the provision.

The delayed performance of the interest is stipulated in Article 260 of the Civil Procedure Law, which is a punitive measure of the exactly the execution of the executed person's overdue performance in the form of additional fines.

According to the "Explanation of the Supreme People's Court on Calculating the Law of Debt Interests during the Performance of the Performance of the Performance" and the spirit of legislative spirit, the interpretation of the computing elements of the debt interest calculation is as follows: The delay is as follows:

1. Calculate the base. The basis for delaying the calculation of interest is the principal of the parties who determined the parties determined. It is required that the parties to be arrears must be a certain amount. The amount of floating judgment or other total amount cannot be determined.

2. Calculate interest rates. The computing interest rate for double payment delayed performance of debt interest is a fixed interest rate, which is 1.75 per day, which has nothing to do with LPR interest rates and agreed borrowing interest rates. The meaning of "double" refers to the doubling part of the delayed performance of interest, which is not the same as the interest of the general debt, which is not the meaning of interest rate multiplication.

3. Calculate the deadline. The calculation period is calculated from the expiration period of the performers of the executed person. The calculation method of the performance period is: the dating period of the effective date of the judgment+the compulsory period specified in the judgment.

Frequently Ascended Questions Five

ask

In the case of applying for the maintenance fee, what does the review opinion replied to "please apply for execution in the name of the Raiders"?

answer

According to relevant laws and regulations, if the application for the application of the maintenance fee shall be implemented, whether the original civil case is prosecuted in the name of the supporter shall apply for the implementation in the name of the supporter. The application for execution shall take the adoptive person as the applied person. If the adoptive person is a person without civil behavior or the ability to restrict civil behavior, the guardian shall participate in the execution case as a legal agent.

Frequently Asked Question 6

ask

The review of SMS replies that the verdict has not yet been fulfilled/not effective. I have received the judgment for a long time. Can't I apply for execution?

answer

From the judgment to the execution, it takes a certain time to wait for the judgment to take effect, and it also needs to leave the time of the obligation of the obligations to perform the decision obligation, so the judgment does not take effect or the performance period cannot be applied for execution. At this time, the parties need to be patient and wait, and apply for execution according to the date of reviewing SMS prompts. The premise of applying for execution is that the judgment is effective and exceeds the performers of the judgment. The obligation of judgment has not yet been fulfilled or fulfilled, and rights of rights can apply for execution.

The determination of the effective period of civil judgment is composed of the judgment time and the appeal period. Due to the different time required to serve different parties to different parties, the starting period of the appeal period is based on the actual time of the parties from all parties. Only those parties have received the judgment, and each has no appeal for more than 15 days, and the judgment involved in the case is officially effective. Some judgments need to be announced, and the appeal period can be calculated after the announcement period expires. Of course, civil mediation letters and other legal documents have taken effect and earnestly came into effect.

The performance of the effective legal documents shall prevail according to the content of the judgment, and calculate from the date of effectiveness of the judgment. Only the obligations of the obligations are still not fulfilled, can they apply for implementation. It should be noted that some civil judgments/mediation letters stipulate that the obligations shall bear legal responsibility in installments. If there is no special explanation, only part of the debt will apply for execution, and part of the debt will not be applied for execution.

Frequently Ascended Seven

ask

My application has been returned. What does it mean to reply to me that the matter is not an online case review?

answer

Although it is convenient to file a case online, not all types of cases can be filed online. If you cannot file a case online, you can go to an offline case according to the review of the SMS prompt.

Common cases of execution of offline cases include the following:

1. For the recovery application case, please contact the organizer of the original execution case and submit to the judge to submit the application for recovery execution.

2. In order to make a case, please apply to the civil trial department.

Frequently Ascended Eight

ask

I am a friend with a particularly good relationship between the parties and his agent. Why did my execution application not applied?

answer

Good friends cannot be represented. Only the personnel, close relatives or communities or work units recommended by the parties can act as an agent.

According to the "Civil Procedure Law" and relevant regulations, the agent can only be appointed by the close relatives, lawyers, and those who have the same community or work unit as the parties and have obtained the community and unit recommended.

If an agent applies for the execution of the case, the materials that need to be provided include the identity card of the agent and the parties, the entrustment of the party's authorization, and the basic relationship certificate.

The basic relationship proof varies according to the different agent and humans:

1. If close relatives serve as agents, the corresponding relative relationship certificate shall be provided, such as the birth certificate, the hukou book, the marriage certificate and other materials.

2. If a lawyer serves as an agent, it shall provide a certificate or letter of a law firm stamped with the official seal of the law firm and a copy of the lawyer's practice certificate.

3. If the person recommended by the community and the work unit serves as an agent, it shall provide a recommendation letter from the community or work unit.

Frequently Ascended Nine

ask

I just got a labor arbitration letter, and the Arbitration Commission asked me to come to apply for execution, but what was the material for the review judge to reply to me just now?

answer

Delivery rebate refers to the proof materials that can prove when the relevant legal documents are delivered to the parties. For example, the postal record, the parties' signing materials can be used as a delivery certificate. The delivery certificate is a key material for reviewing the judge to determine whether the ruling is effective.

The labor arbitration ruling, as other legal documents that can be performed by the people's court, also needs to apply for execution after the ruling is effective. Since the judge cannot check the original case information of the labor arbitration case, if you apply for the implementation of the labor arbitration ruling, the parties need to provide the delivery certificate of the labor arbitration book to the parties in order to review whether the judge has passed whether the labor arbitration book has passed the performance period. And appeal. Therefore, it is best to ask the Labor Arbitration Commission to ask for arbitration awards to the employer in advance before applying for execution to implement it in advance, so as to file a case to review the judge to better determine the effective time of the arbitration book and improve the efficiency of the case.

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