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Reply of the Supreme People's Court on Issues concerning the Modification of an Administrative Organ with a Legal Person Status That Is the Person Subject to Enforcement in the Enforcement Procedure
[Effective]
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最高人民法院关于机关法人作为被执行人在执行程序中变更问题的复函
[现行有效]
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Reply of the Supreme People's Court on Issues concerning the Modification of an Administrative Organ with a Legal Person Status That Is the Person Subject to Enforcement in the Enforcement Procedure | | 最高人民法院关于机关法人作为被执行人在执行程序中变更问题的复函 |
| (Letter No. 65 [2005] of the Supreme People's Court on August 3, 2005) | | （2005年8月3日 法函[2005]65号） |
| The Higher People's Court of Qinghai Province: | | 青海省高级人民法院； |
| Your request for instructions on March 22, 2005 has been received. Upon deliberation, the following reply is hereby made: | | 你院2005年3月22日的请示收函。经研究，答复如下： |
In the enforcement procedure, the person subject to enforcement is cancelled in institutional reform and its superior authority has accepted its property without consideration so that it has no property left to pay off debts, in accordance with Article 271 the Opinions of the Supreme People's Court on Several Issues concerning the Application of the Civil Procedure Law of the People's Republic of China (No. 22 [1992], SPC) and Article 81 of the Provisions of the Supreme People's Court on Several Issues concerning Enforcement by the People's Courts (for Trial Implementation) (Interpretation No.15 [1998], SPC), the superior authority of the person subject to enforcement may be ruled to be the person subject to enforcement in this case, and shall assume civil liabilities within the value of the property it has accepted.
．．．．．． | | 鉴于在执行过程中，被执行人在机构改革中被撤销，其上级主管部门无偿接受了被执行人的财产，致使被执行人无遗留财产清偿债务，按照《最高人民法院关于适用〈中华人民共和国民事诉讼法〉若干问题的意见》（法发（92）22号）第271条和〈最高人民法院关于人民法院执行工作若干问题的规定（试行）〉（法释[1998]15 号）第81条的规定，可以裁定变更本案的被执行人主体为被执行人的上级主管部门，由其在所接受财产价值的范围内承担民事责任。
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