中华人民共和国民事诉讼法 34
文章来源:未知 文章作者:enread 发布时间:2021-01-18 08:20 字体: [ ]  进入论坛
第二十一章 执行的申请和移送
Chapter XXI Application for Execution and Referral
第二百一十六条 发生法律效力的民事判决、裁定,当事人必须履行。
Article 216 The parties concerned must comply with legally effective judgments1 or written orders in civil cases.
"If a party refuses to do so, the other party may apply to the people's court for execution, or the judge may refer the matter to the execution officer for enforcement."
The parties concerned must comply with the conciliation3 statement and other legal documents that are to be executed by the people's court.
" If a party refuses to do so, the other party may apply to the people's court for enforcement."
第二百一十七条 对依法设立的仲裁机构的裁决,一方当事人不履行的,对方当事人可以向有管辖权的人民法院申请执行。
"Article 217 If a party fails to comply with an award of an arbitral organ established according to the law, the other party may apply for execution to the people's court which has jurisdiction4 over the case. "
The people's court applied5 to shall enforce the award.
"If the party against whom the application is made furnishes proof that the arbitral award involves any of the following circumstances, the people's court shall, after examination and verification by a collegial panel, make a written order not to allow the enforcement:"
" (1) the parties have had no arbitration6 clause in their contract, nor have subsequently reached a written agreement on arbitration; "
(2) the matters dealt with by the award fall outside the scope of the arbitration agreement or are matters which the arbitral organ has no power to arbitrate;
(3) the composition of the arbitration tribunal or the procedure for arbitration contradicts the procedure prescribed by the law;
(4) the main evidence for ascertaining7 the facts is insufficient8;
(5) there is definite error in the application of the law;
" or (6) the arbitrators have committed embezzlement9, accepted bribes10 or done malpractice for personal benefits or perverted11 the law in the arbitration of the case."
"If the people's court determines that the execution of the arbitral award is against the social and public interest, it shall make an order not to allow the execution."
The above-mentioned written order shall be served on both parties and the arbitral organ.
"If the execution of an arbitral award is disallowed12 by a written order of the people's court, the parties may, in accordance with a written agreement on arbitration reached between them, apply for arbitration again; they may also bring an action in a people's court."
第二百一十八条 对公证机关依法赋予强制执行效力的债权文书,一方当事人不履行的,对方当事人可以向有管辖权的人民法院申请执行,受申请的人民法院应当执行。
"Article 218 If a party fails to comply with a document evidencing the creditor's rights made enforceable according to the law by a notary13 office, the other party may apply to the people's court which has jurisdiction over the case for execution. The people's court applied to shall enforce such document."
"If the people's court finds definite error in the document of creditor's rights, it shall make an order not to allow the execution and serve the order on both parties concerned as well as the notary office."
第二百一十九条 申请执行的期限,双方或者一方当事人是公民的为一年,双方是法人或者其他组织的为六个月。
"Article 219 The time limit for the submission14 of an application for execution shall be one year, if both or one of the parties are citizens; it shall be six months if both parties are legal persons or other organizations."
The above-mentioned time limit shall be calculated from the last day of the period of performance specified15 by the legal document.
"If the legal document specifies16 performance in stages, the time limit shall be calculated from the last day of the period specified for each stage of performance."
第二百二十条 执行员接到申请执行书或者移交执行书,应当向被执行人发出执行通知,责令其在指定的期间履行,逾期不履行的,强制执行。
"Article 220 The execution officer shall, after receiving the application for execution or the writ2 of referral directing execution, send an execution notice to the person subjected to execution, instructing him to comply within the specified time. If the person fails to comply accordingly, compulsory17 execution shall be carried out."


1 judgments 2a483d435ecb48acb69a6f4c4dd1a836     
判断( judgment的名词复数 ); 鉴定; 评价; 审判
  • A peculiar austerity marked his judgments of modern life. 他对现代生活的批评带着一种特殊的苛刻。
  • He is swift with his judgments. 他判断迅速。
2 writ iojyr     
  • This is a copy of a writ I received this morning.这是今早我收到的书面命令副本。
  • You shouldn't treat the newspapers as if they were Holy Writ. 你不应该把报上说的话奉若神明。
3 conciliation jYOyy     
  • By conciliation,cooperation is established.通过调解,友好合作关系得以确立。
  • Their attempts at conciliation had failed and both sides were once again in dispute.他们进行调停的努力失败了,双方再次陷入争吵。
4 jurisdiction La8zP     
  • It doesn't lie within my jurisdiction to set you free.我无权将你释放。
  • Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。
5 applied Tz2zXA     
  • She plans to take a course in applied linguistics.她打算学习应用语言学课程。
  • This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。
6 arbitration hNgyh     
  • The wage disagreement is under arbitration.工资纠纷正在仲裁中。
  • Both sides have agreed that the arbitration will be binding.双方都赞同仲裁具有约束力。
7 ascertaining e416513cdf74aa5e4277c1fc28aab393     
v.弄清,确定,查明( ascertain的现在分词 )
  • I was ascertaining whether the cellar stretched out in front or behind. 我当时是要弄清楚地下室是朝前还是朝后延伸的。 来自辞典例句
  • The design and ascertaining of permanent-magnet-biased magnetic bearing parameter are detailed introduced. 并对永磁偏置磁悬浮轴承参数的设计和确定进行了详细介绍。 来自互联网
8 insufficient L5vxu     
  • There was insufficient evidence to convict him.没有足够证据给他定罪。
  • In their day scientific knowledge was insufficient to settle the matter.在他们的时代,科学知识还不能足以解决这些问题。
9 embezzlement RqoxY     
  • He was accused of graft and embezzlement and was chained and thrown into prison.他因被指控贪污盗窃而锒铛入狱。
  • The judge sent him to prison for embezzlement of funds.法官因他盗用公款将其送入监牢。
10 bribes f3132f875c572eefabf4271b3ea7b2ca     
n.贿赂( bribe的名词复数 );向(某人)行贿,贿赂v.贿赂( bribe的第三人称单数 );向(某人)行贿,贿赂
  • It was alleged that he had taken bribes while in office. 他被指称在任时收受贿赂。
  • corrupt officials accepting bribes 接受贿赂的贪官污吏
11 perverted baa3ff388a70c110935f711a8f95f768     
adj.不正当的v.滥用( pervert的过去式和过去分词 );腐蚀;败坏;使堕落
  • Some scientific discoveries have been perverted to create weapons of destruction. 某些科学发明被滥用来生产毁灭性武器。
  • sexual acts, normal and perverted 正常的和变态的性行为
12 disallowed 0f091a06b5606fa0186c9a4d84ac73a6     
v.不承认(某事物)有效( disallow的过去式和过去分词 );不接受;不准;驳回
  • The judge disallowed that evidence. 法官驳回那项证据。 来自辞典例句
  • Her claim was disallowed on the ground(s) that she had not paid her premium. 她要求赔款遭到拒绝,原因是她事先没有交纳保险费。 来自辞典例句
13 notary svnyj     
  • She is the town clerk and a certified public accountant and notary public.她身兼城镇文书、执业会计师和公证人数职。
  • That notary is authorised to perform the certain legal functions.公证人被授权执行某些法律职能。
14 submission lUVzr     
  • The defeated general showed his submission by giving up his sword.战败将军缴剑表示投降。
  • No enemy can frighten us into submission.任何敌人的恐吓都不能使我们屈服。
15 specified ZhezwZ     
  • The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。
  • It is generated by some specified means. 这是由某些未加说明的方法产生的。
16 specifies 65fd0845f2dc2c4c95f87401e025e974     
v.指定( specify的第三人称单数 );详述;提出…的条件;使具有特性
  • The third clause of the contract specifies steel sashes for the windows. 合同的第三款指定使用钢窗。 来自《简明英汉词典》
  • The contract specifies red tiles, not slates, for the roof. 合同规定屋顶用红瓦,并非石板瓦。 来自《现代汉英综合大词典》
17 compulsory 5pVzu     
  • Is English a compulsory subject?英语是必修课吗?
  • Compulsory schooling ends at sixteen.义务教育至16岁为止。
TAG标签: order court agreement