China News Service, February 9th, according to the website of the Supreme People's Court, on the 9th, the Supreme People's Court issued the "Interpretation on Several Issues Concerning the Application of Law in the Trial of Judicial Compensation Cases Involving Enforcement" (hereinafter referred to as the "Interpretation").
The Interpretation clarifies that in the process of implementing judgments, rulings and other valid legal documents, the people's courts mistakenly take enforcement measures such as property investigation, control, disposal, delivery and distribution, or compulsory measures such as fines and detention, infringing upon citizens, legal persons and other organizations. If the legitimate rights and interests are damaged and damage is caused, the victim may apply for state compensation.
The Interpretation came into effect on March 1 this year.
The Interpretation lists 11 kinds of wrongful executions. Citizens, legal persons and other organizations believe that there are 11 kinds of wrongful executions and cause damage, and if they apply for state compensation, the people's court shall accept them according to law.
These erroneous executions mainly include execution of legal documents that are not yet in force, or executions that obviously exceed the amount and scope determined by the effective legal documents; the execution is found to have property available for execution, but execution is deliberately delayed or not executed, or should be restored according to law Executing but not restoring; and illegally executing the property of a person outside the case, or illegally handing over the money and goods to other parties or persons outside the case; illegally taking measures such as being included in the list of dishonest persons subject to execution, restricting consumption, restricting exit, etc.