"Why did I win and apply for enforcement, but the court ended the execution?" In my work, I often encounter some parties who have such questions. To hear the execution of the case to "end this", the applicant will certainly have dissatisfaction and doubts, "the property applied for execution has not been recovered, the court is so random to end my case?" After the case is finalized, will my rights and interests not be protected?" Don't worry, let's take a look at what "terminate this execution" means.

Q: What is the difference between terminating the execution and terminating the execution?

A: "Termination of this execution procedure" mainly refers to a temporary closing of the case when the court takes various enforcement measures within the statutory execution period (6 months), but fails to complete the execution of the case. For example, in the process of execution, it is found that the person subject to execution has no property available for execution, at this time the court may terminate the execution first, and when the applicant and the court find that the person subject to execution has property available for execution, both can resume execution. Therefore, in such cases, an application for re-execution may be made. "Termination of execution" means that in the process of execution, due to some special circumstances, the execution program is not necessary or impossible to continue, so the execution program is terminated and will not be resumed later. No further application for execution.

Q: What are the conditions for terminating this execution?

A: Termination of this execution is not easy to make, it has strict conditions of use, "The Supreme People's Court on strictly regulating the termination of this execution procedure (Trial)" Article 1, the execution court termination of this execution procedure, shall meet the following conditions.

(1) A notice of execution has been issued to the person subject to execution and the person has been ordered to report his property

(2) A consumption restriction order has been issued to the person subject to enforcement, and the qualified person subject to enforcement has been included in the list of persons subject to dishonesty

(3) The property investigation measures have been exhausted, and it is not found that the person subject to execution has property that can be executed or that the property found cannot be disposed of

(4) More than three months have passed since the date of filing of the execution case

(5) If the whereabouts of the person subject to execution are unknown, they have been searched in accordance with law; If the person subjected to execution or any other person interferes with the execution, compulsory measures such as a fine or detention have been taken according to law; if the case constitutes a crime, procedures for criminal responsibility investigation have been initiated according to law.

Q: What should I do after the "end book"?

A: According to Article 9 of the Provisions of the Supreme People's Court on Strictly Standardizing the Termination of this Execution Procedure (for Trial Implementation), after the termination of this execution procedure, if the person applying for execution finds that the person subject to execution has property available for execution, he may apply to the execution court for resumption of execution. An application for reinstatement of execution is not subject to the limitation period of the application for execution. If it is verified by the enforcement court, enforcement shall resume.

Within five years after the conclusion of this enforcement procedure, the enforcement court shall inquire about the property of the person subject to enforcement through the online enforcement control system once every six months, and inform the applicant of the results of the inquiry. If the conditions for resumption of enforcement are met, the enforcement court shall resume enforcement in a timely manner.

Therefore, after the "final text" of the case, the court will continue to inquire about the property of the person subjected to execution, and once the conditions are met, the execution procedure will continue.

Q: How do I start the recovery execution program?

A: In judicial practice, there are generally two ways to initiate the reinstatement procedure. First, the execution shall be resumed in accordance with the functions and powers, that is, the staff of the execution department of the people's court shall start the execution procedure again after finding that the person subject to execution has the property available for execution; The second is to resume execution according to the application, that is, the applicant discovers the property clues of the person subject to execution and applies to the people's court for resumption of execution.

Q: What materials do I need to submit to resume execution?

A: For the "final" case, if the applicant wants to resume execution, he needs to submit the following materials: ① Application for restoration of execution; (2) Original effective legal document; (3) The closing report or ruling of the execution case concluded by ruling to terminate the execution procedure; ④ Provide clues to the property of the person subject to execution

Special note: Since different courts may have different requirements for reinstatement cases in practice, it is recommended to contact the original enforcement judge before applying for reinstatement.

Application template for Reinstatement:

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