民事诉讼法(90)

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2014-11-20 10:01

民事诉讼法(90)

第三编 执行程序 第二十章 一般规定
PART THREE PROCEDURE OF EXECUTION Chapter XX General Provisions

第二百零七条 发生法律效力的民事判决、裁定,以及刑事判决、裁定中的财产部分,由第一审人民法院执行。
"Article 207 Legally effective judgments or written orders in civil cases, as well as the parts of judgments or written orders that relate to property in criminal cases, shall be executed by the people's court of first instance."

法律规定由人民法院执行的其他法律文书,由被执行人住所地或者被执行的财产所在地人民法院执行。
Other legal documents which are to be executed by a people's court as prescribed by the law shall be executed by the people's court of the place where the person subjected to execution has his domicile or where the property subject to execution is located.

第二百零八条 执行过程中,案外人对执行标的提出异议的,执行员应当按照法定程序进行审查。
"Article 208 If, in the course of execution, an outsider raises an objection with respect to the object subjected to execution, the execution officer shall examine the objection in accordance with the procedure prescribed by the law. "

理由不成立的,予以驳回;理由成立的,由院长批准中止执行。
" If the reasons for the objection are untenable, the objection shall be rejected; if otherwise, execution shall be suspended with the approval of the president of the court."

如果发现判决、裁定确有错误,按照审判监督程序处理。
"If definite error is found in the judgment or the written order, it shall be dealt with in accordance with the procedure for trial supervision."

第二百零九条 执行工作由执行员进行。
Article 209 Execution work shall be carried out by the execution officer.

采取强制执行措施时,执行员应当出示证件。
"When carrying out a compulsory execution measure, the execution officer shall produce his credentials."

执行完毕后,应当将执行情况制作笔录,由在场的有关人员签名或者盖章。
" After the execution is completed, the execution officer shall make a record of the particulars of the execution, and have it signed or sealed by the persons concerned on the scene."