中华人民共和国民事诉讼法 35-凯发k8官网

第二十二章 执行措施

chapter xxii execution measures

 

第二百二十一条 被执行人未按执行通知履行法律文书确定的义务，人民法院有权向银行、信用合作社和其他有储蓄业务的单位查询被执行人的存款情况，有权冻结、划拨被执行人的存款，

"article 221 if the person subjected to execution fails to fulfil according to the execution notice the obligations ¹ in the legal document, the people's court shall be empowered to make ² with banks, credit cooperatives or other units that deal with ³ deposit into the deposit accounts of the person subjected to execution, and shall be empowered to freeze or transfer his deposits; "

 

但查询、冻结、划拨存款不得超出被执行人应当履行义务的范围。

"however, the inquiries, freezing or transfer of the deposits shall not exceed the scope of the obligations to be fulfilled by the person subjected to execution."

 

人民法院决定冻结、划拨存款，应当作出裁定，并发出协助执行通知书，

"the people's court shall, in deciding to freeze or transfer a deposit, make a written order and issue a notice for assistance in execution."

 

银行、信用合作社和其他有储蓄业务的单位必须办理。

"banks, credit cooperatives or other units that deal with savings deposit must comply with it."

 

第二百二十二条 被执行人未按执行通知履行法律文书确定的义务，人民法院有权扣留、提取被执行人应当履行义务部分的收入。

"article 222 if the person subjected to execution fails to fulfil according to the execution notice the obligations specified in the legal document, the people's court shall be empowered to ⁴ or withdraw part of the income of the person subjected to execution, for the fulfilment of his obligations. "

 

但应当保留被执行人及其所扶养家属的生活必需费用。

"however, it shall leave out the necessary living expenses for the person subjected to execution and his ⁵ family members."

 

人民法院扣留、提取收入时，应当作出裁定，并发出协助执行通知书，被执行人所在单位、银行、信用合作社和其他有储蓄业务的单位必须办理。

"the people's court shall, when ⁶ or withdrawing the income, make a written order and issue a notice for assistance in execution. the unit in which the person subjected to execution works, banks, credit cooperatives or other units that deal with savings deposit must comply with the notice."

 

第二百二十三条 被执行人未按执行通知履行法律文书确定的义务，人民法院有权查封、扣押、冻结、拍卖、变卖被执行人应当履行义务部分的财产。

"article 223 if the person subjected to execution fails to fulfil according to the execution notice the obligations specified in the legal document, the people's court shall be empowered to seal up, ⁷, freeze, sell by public ⁸, or sell off part of the property of the person subjected to execution for the fulfilment of his obligations."

 

但应当保留被执行人及其所扶养家属的生活必需品。

" however, it shall leave out the necessaries of life for the person subjected to execution and his dependant family members."

 

采取前款措施，人民法院应当作出裁定。

the people's court shall make an order for the ⁹ of the measures specified in the preceding paragraph.

 

第二百二十四条 人民法院查封、扣押财产时，被执行人是公民的，应当通知被执行人或者他的成年家属到场；

"article 224 when the people's court seals up or distrains a property, it shall, if the person subjected to execution is a citizen, notify him or an adult member of his family to appear on the scene; "

 

被执行人是法人或者其他组织的，应当通知其法定代表人或者主要负责人到场。

"if the party subjected to execution is a legal person or any other organization, it shall notify its legal representatives or its principal heads to be present. "

 

拒不到场的，不影响执行。

their refusal to appear on the scene shall not hinder the execution.

 

被执行人是公民的，其工作单位或者财产所在地的基层组织应当派人参加。

"if the person subjected to execution is a citizen, his unit or the grass-roots organization of the place where his property is located shall send a representative to attend the execution."

 

对被查封、扣押的财产，执行员必须造具清单，由在场人签名或者盖章后，交被执行人一份。

"an ¹⁰ of the sealed-up or distrained property must be made by the execution officer and, after the inventory has been signed or sealed by the persons on the scene, a copy of it shall be given to the person subjected to execution. "

 

被执行人是公民的，也可以交他的成年家属一份。

"if the person subjected to execution is a citizen, another copy may be given to an adult member of his family."

 

第二百二十五条 被查封的财产，执行员可以指定被执行人负责保管。因被执行人的过错造成的损失，由被执行人承担。

"article 225 the execution officer may commit the sealed-up property to the person subjected to execution for safekeeping, and the person shall be held responsible for any losses ¹¹ due to his fault."

 

第二百二十六条 财产被查封、扣押后，执行员应当责令被执行人在指定期间履行法律文书确定的义务。

"article 226 after a property has been sealed up or distrained, the execution officer shall instruct the person subjected to execution to fulfil, within the prescribed period, the obligations specified in the legal document. "

 

被执行人逾期不履行的，人民法院可以按照规定交有关单位拍卖或者变卖被查封、扣押的财产。

"if the person has not fulfilled his obligations upon ¹² of the period, the people's court may, in accordance with the relevant legal provisions, ¹³ the relevant units with selling by public auction or selling off the sealed-up or distrained property. "

 

国家禁止自由买卖的物品，交有关单位按照国家规定的价格收购。

articles which are prohibited from free trading by the state shall be delivered to and purchased by the relevant units at the price ¹⁴ by the state.

 

第二百二十七条 被执行人不履行法律文书确定的义务，并隐匿财产的，人民法院有权发出搜查令，对被执行人及其住所或者财产隐匿地进行搜查。

"article 227 if the person subjected to execution fails to fulfil his obligations specified in the legal document and ¹⁵ his property, the people's court shall be empowered to issue a search warrant and search him and his domicile or the place where the property was ¹⁶."

 

采取前款措施，由院长签发搜查令。

"in adopting the measure mentioned in the preceding paragraph, the president of the people's court shall sign and issue the search warrant."

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