The specific reasons for the parties to apply for retrial are clarified. Before the amendment, the Civil Procedure Law stipulated five reasons for applying for retrial. Now, these five reasons are concretized into 13 and one item is added to make the matter more concrete, which clearly lists the item of "violating the law and depriving the parties of the right to debate".
It is clear that under special circumstances, the time limit for the parties to apply for retrial should be extended. According to the original Civil Procedure Law, within two years after a judgment or ruling becomes legally effective, the parties concerned shall apply for a retrial. The Law Committee of the National People's Congress, after studying with the Internal Affairs Judicial Committee and the Supreme People's Court, believes that in judicial practice, there are indeed some reasons for retrial that were discovered two years later, and it is necessary to make appropriate provisions to extend the application period for retrial according to special circumstances.
Clearly apply to the people's court at the next higher level for retrial, and stipulate the review period of retrial. Regarding the application for retrial, this amendment clearly stipulates that the application for retrial should be filed with the people's court at the next higher level, which not only avoids repeated appeals and repeated appeals, but also ensures that the people's court can hear the case fairly. The amendment also stipulates that the people's court shall conduct a review within three months from the date of receiving the application for retrial.
The legal supervision of procuratorial organs has been strengthened. According to the original Civil Procedure Law, the procuratorate can lodge a protest under four circumstances. This revision specifically divides the four situations into 13, and adds another provision. At the same time, it is clear that the people's court will make a retrial ruling within 30 days from the date of receiving the protest from the procuratorate.
The system of "immediate execution" has been added. According to the Civil Procedure Law before the amendment, the executor shall issue a notice of execution to the person subjected to execution from the date of receiving the application for execution or handing it over for execution. In practice, the notice of execution provides the person subjected to execution with an opportunity to evade debts. Therefore, a provision was added this time, that is, "if the person subjected to execution fails to perform the obligations specified in the legal documents and may conceal or transfer the property, the person subjected to execution may immediately take enforcement measures."
The property declaration system has been added. In real life, some people who are executed have property, but they deliberately delay execution. This amendment clearly stipulates: "If the person subjected to execution fails to perform the obligations specified in the legal document according to the execution notice, he shall report the current property situation and the property situation one year before the date of receiving the execution notice." If the person subjected to execution provides a false report or refuses to report, the people's court may, according to the seriousness of the case, impose a fine or detention on the person subjected to execution or his legal representative, the principal responsible person of the relevant unit and the person directly responsible to ensure execution.
The implementation linkage mechanism has been added. This amendment stipulates that if the person subjected to execution fails to perform the obligations specified in the legal documents, the people's court may notify the relevant units to restrict the person subjected to execution from leaving the country. The people's court can also record the non-performance of the obligations of the person subjected to execution in the credit information system, and at the same time, it can publish the information of the non-performance person through the media.
The amount of fines for non-performance of judgments and rulings has been increased. According to the provisions of the Civil Procedure Law before the amendment, those who fail to perform the court's judgment or ruling shall be fined not more than 1,000 yuan for individuals and not more than 30,000 yuan for units. Now it is stipulated that the fine for individuals should be raised to less than 1 10,000 yuan, and the fine for units should be more than 1 10,000 yuan and less than 300,000 yuan.
The execution objection system has been added. If the parties or interested parties think that the execution violates the law, they may raise an objection to the execution to the people's court and urge the people's court to supervise the execution as soon as possible. In addition, the system of changing the enforcement court has been added. In view of the local protectionism in the current enforcement activities, the parties are given the right to apply to the higher court for enforcement. For local protectionism cases in individual areas, the parties may apply to the Higher People's Court for compulsory execution. After examination, the people's court at a higher level may order the people's court that originally tried the case to execute it within a certain period of time, or decide to have it executed by other courts.
The application execution period has been extended. According to the original Civil Procedure Law, if both parties are legal persons, the application execution period is half a year. Where an individual is involved, the execution period is one year and the execution period is very short. This makes the executed person very lucky. As long as this period is delayed, the property will not be executed. This time, the implementation period was extended. Article 15 of the Decision stipulates that the time limit for applying for execution is two years, and the provisions on suspension and interruption shall apply to the time limit for applying for execution.