How to distribute the property seized by turns can generally be carried out according to the following steps:
Determine the type and quantity of seized property: first, determine what property the person subjected to execution owns, and the quantity and value of these properties. This can be achieved by investigating and auditing the property status of the person subjected to execution.
Determine the order of seizure: After the seizure of property is determined, the property can be seized in a certain order according to the specific circumstances of the case and the wishes of the applicant and the person subjected to execution. Usually, the sealing order can be determined by drawing lots and shaking numbers.
Distribution of seized property: After the order of seizure is determined, the property of the person subjected to execution can be seized in sequence. Each application executor may seal up the property of the person subjected to execution in order of distribution.
Determine the distribution plan: when distributing the seized property, the distribution plan can be formulated according to the specific circumstances of the case and the wishes of the applicant and the person subjected to execution. The distribution plan should follow the principles of fairness, justice and rationality and be agreed by all parties.
Implement the distribution plan: finally, distribute the seized property according to the distribution plan. Each executor of the application can get corresponding payment or property according to the provisions of the distribution plan.
It should be noted that the scheme of seizure and distribution by turns should comply with the provisions of relevant laws, regulations and judicial interpretations to ensure that the procedures are legal, fair and transparent. At the same time, the opinions and interests of all parties should be fully considered when formulating the distribution plan to avoid unfair and unjust situations.
To sum up:
Seizure by turns is a measure taken in civil execution, aiming at equally protecting the legitimate rights and interests of the applicant executor and the executed person. In the case of taking turns to seal up, the court will seal up the property of the person subjected to execution in turn according to the specific circumstances of the case and the wishes of the applicant and the person subjected to execution in a certain order and time interval. How to distribute the property seized by turns can generally be carried out according to the steps of determining the type and quantity of the seized property, determining the seizure order, distributing the seized property, determining the distribution scheme and implementing the distribution scheme. It should be noted that the scheme of seizure and distribution by turns should comply with the provisions of relevant laws, regulations and judicial interpretations to ensure that the procedures are legal, fair and transparent. At the same time, the opinions and interests of all parties should be fully considered when formulating the distribution plan to avoid unfair and unjust situations. Legal basis:
Article 30 of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "When the people's court takes compulsory measures in accordance with the law, it shall limit the acts directly involving the parties or interested parties to the necessary scope; When necessary, compulsory measures should be stopped immediately. "
Article 30 of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "When the people's court takes compulsory measures, it shall not excessively seal up, detain or freeze the property of the person subjected to execution; If excessive measures have been taken, they should be stopped and lifted immediately. "
Article 30 of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates: "The people's court shall seal up, detain and freeze the property of the person subjected to execution according to the specific circumstances of the case and in accordance with the procedures and methods prescribed by law. At the same time, we should follow the principles of fairness, justice and rationality to ensure that the legitimate rights and interests of all parties are fully guaranteed. "