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中华人民共和国民事诉讼法(英文版)(下)

http://www.dffy.com 2007-1-19 17:17:42 来源:东方法眼

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  Article 227. If the person subject to execution fails to fulfill the obligations specified in the legal document and conceals his property, the people s court shall have the power to issue a search warrant and carry out a search on the person subject to execution and in his domicile or in the place where the property is concealed.
  The adoption of the measures mentioned in the preceding paragraph shall be subject to a search warrant signed by the president of the people s court.
  Article 228. The property or negotiable instrument specified for delivery in the legal document shall be delivered in the presence of both parties summoned by the execution officer to the recipient, who shall sign a receipt.
  Any unit concerned that holds the property or negotiable instrument at issue shall pass it on in accordance with the notice on assistance in execution of the people s court, and the recipient shall sign a receipt.
  If any citizen concerned holds the property or negotiable instrument at issue, the people s court shall notify him to relinquish them. If he refuses to do so, compulsory execution shall be enforced.
  Article 229. Compulsory eviction from a building or a plot of land shall require a public notice signed and issued by the president of a people s court, instructing the person subject to execution to perform it within a designated period of time. If the person fails to do so within the given time, compulsory execution shall be enforced by the execution officer.
  When a compulsory execution is being enforced, if the person subject to execution is a citizen, the person or an adult member of his family shall be notified to be present; if the person subject to execution is a legal person or any other organization, its legal representatives or principal leading personnel shall be notified to be present; their refusal to be present shall not stop the execution. If the person subject to execution is a citizen, his work unit or the grass-roots organization in the locality of the building or the plot of land at issue shall send people to participate. The execution officer shall make a record of the particulars of the compulsory execution, and the people on the scene shall affix their signatures or seals to the record.
  The people s court shall assign personnel to transport the property involved in a compulsory eviction from a building to a designated location and deliver it to the person subject to execution or to an adult member of his family; if any loss is incurred due to the person s refusal to accept the property, he shall be held responsible for it.
  Article 230. In the course of execution, if some formalities for certificates transfer need to be gone through, the people s court may issue a notice on assistance in execution to relevant units, which must comply with the notice.
  Article 231. If the person subject to execution fails to fulfill the performance required of him by a judgment or order or any other legal document as instructed by the notice on execution, the people s court may enforce compulsory execution or entrust the performance to a relevant unit or other persons, and the person subject to execution shall bear the expenses thus incurred.

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