[Direct answer]In the Beijing area, enforcement will not be stopped in principle, but those who meet the conditions can apply for a suspension or termination. According to the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), if the parties or interested persons believe that the enforcement actions violate the law, they may file a written objection with the people's court responsible for enforcement; if they are dissatisfied with the ruling on the objection, they may apply for a review to the people's court at the next higher level within ten days from the date of delivery of the ruling. During the review period, enforcement will generally not be stopped, but if the person subject to enforcement provides sufficient and effective guarantees, or if the people's court deems it necessary to stop enforcement for other reasons, it may rule to suspend enforcement; if a third party asserts rights to the subject matter of enforcement, they may file an objection, and if they are dissatisfied with the ruling, they may bring a lawsuit challenging the enforcement objection. The preservation, auction, and deduction in the enforcement process will not be automatically stopped due to the application for review, and these actions must be sought through written applications and guarantees, etc.

I. Problem background and typical scenarios

After the person subject to enforcement raises objections to the enforcement actions and files for reconsideration, they often believe that the enforcement will be suspended, but their assets are still subject to seizure or auction. Typical situations include: believing that the enforcement target exceeds the scope of the effective judgment; raising objections to the procedures of seizure, detention, and auction; and third parties claiming rights to the enforcement target. The enforcement procedures in the Beijing area have clear mechanisms for objections and reconsideration, but whether to suspend the enforcement must meet statutory conditions.

II. Key points of contention

First, how to distinguish the objects and time limits of executing objections and reconsideration. Second, whether the execution will be suspended during the reconsideration period, and what the exceptional circumstances are. Third, what conditions must be met for a stay of execution, and how to provide guarantees. Fourth, whether third parties can stop the execution when asserting their rights. Fifth, what remedies are available after an objection is rejected.

III. Professional analysis by Henglue Lawyers

Here's the translation of the Chinese text into English, with detailed explanations: 1. **Practical Tips for Lawyers in Execution Procedures**: - First, clarify the type of procedure: - **Objections to enforcement actions** target specific acts during the execution process, such as seizure, attachment, freezing, auction, and forced payments, as well as time limit calculations. - **Objections from third parties** concern the ownership of the enforcement target. The two remedies follow different paths: the former can be appealed, while the latter requires filing a lawsuit against the enforcement objection. 2. **Conditions for Suspending Enforcement**: - During the appeal period, enforcement is not automatically suspended. Only when the debtor provides sufficient and effective guarantees, or the court deems it necessary to suspend enforcement, can a ruling on deferral or suspension be issued. Therefore, when raising objections, applicants should simultaneously apply for deferral and provide guarantees, rather than passively waiting. 3. **Handling Guarantees**: - Guarantee methods include cash, surety, mortgages, and pledges, which require the consent of the enforcement applicant or court review and approval. - Guarantees must be commensurate with the potential enforcement target, otherwise they may be rejected. 4. **Proactive Response to Time Limits**: - Note the 10-day time limit for objections and appeals, and submit written materials with supporting evidence. - If enforcement has caused losses, claim remedies in subsequent procedures. 5. **Communication and Strategy**: - Maintain communication with enforcement judges and enforcement applicants to explain objection grounds and guarantee arrangements, aiming for enforcement settlements or phased performance rather than simply filing appeals. In summary, appeals are a means to rectify illegal enforcement actions, but they do not automatically suspend enforcement. Proactive design of deferral plans is essential. Henglue Lawyers has successfully helped clients secure procedural relief and mitigate losses through filing objections and securing deferral guarantees in multiple enforcement cases. This case was handled by Beijing Henglue Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, distinguish between objections to enforcement actions and objections from third parties, and choose the correct procedure; Second, pay attention to the time limits for objections and reconsideration, and submit written materials and evidence in a timely manner; Third, apply for a stay of execution simultaneously and provide guarantees equivalent to the subject of enforcement; Fourth, if a third party asserts rights, file a lawsuit challenging the enforcement in a timely manner; Fifth, actively communicate with the enforcement judge and the applicant for enforcement to strive for an enforcement settlement or installment performance. For matters involving creditor recovery and enforcement, you can refer to the relevant provisions.Creditor's rights and debts, and enforcementIt can be referred to for matters related to corporate operations and contractsBusiness and contract disputes in enterprisesLegal basis: The provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024) regarding execution objections, reconsideration, and suspension of execution. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, applying for a review will not automatically suspend the execution of the judgment. It is necessary to separately apply for a stay of execution and provide a guarantee. Secondly, there are strict time limits for objections and reviews. Missing the deadline will result in the loss of the opportunity. Thirdly, third parties claiming ownership should file a lawsuit challenging the execution of the judgment, which is a different procedure from the review. Fourthly, settlements of the execution and installment payments are often more effective in solving practical problems than simple reviews. For cases involving real estate execution, please refer to the relevant provisions for guidance.Real estate transactions and construction projectsFor matters involving family property, you can refer to the following for reference.Divorce litigation and family disputesFor other difficult issues, you can refer to the following for more information.Special services and other cases.

VI. Frequently Asked Questions

Q1: Will applying for an enforcement review suspend the enforcement process?

Generally, this will not happen. During the review period, enforcement will not be suspended in principle. However, if the enforced party provides sufficient and effective guarantees, or if the people's court deems it necessary to suspend enforcement for other reasons, it may order a suspension of enforcement. Therefore, when raising objections, you should simultaneously apply for a suspension of enforcement and provide guarantees. You cannot just wait passively.

Q2: What is the difference between an objection to enforcement and a review of an enforcement decision?

An execution objection is a written objection filed by a party or an interested person to the execution court regarding the illegal execution actions. If the party is dissatisfied with the ruling on the objection, he/she may apply for a review to the people's court at the next higher level within ten days from the date of receipt of the ruling. If a third party claims rights over the subject of execution, the dispute shall be resolved by first raising an objection and then filing a lawsuit against the execution objection.

Q3: Is it necessary to provide a guarantee for the suspension of enforcement?

It is usually required. The provision of adequate and effective guarantees by the debtor is a common condition for suspending enforcement. The forms of guarantees include cash, surety, mortgage, and pledge, etc., and the amount should be equivalent to the subject matter that may be enforced. Whether to grant the request is decided by the court after review, and the consent of the applicant for enforcement is required when necessary.

Q4: Can I get back the money that has already been deducted?

It depends on the circumstances. If the enforcement action is found to be illegal and revoked, the property that has been enforced can be recovered according to law, and the party concerned can request its return or compensation. If the enforcement basis is revoked or the judgment is changed, it can also be handled through the enforcement recovery procedure. The party concerned should raise objections and preserve evidence in a timely manner, and the specific provisions shall be subject to the court's ruling.

Q5: Can a third party stop the enforcement of a judgment?

This can be claimed. If a third party claims ownership or other rights over the subject of enforcement that are sufficient to prevent delivery or transfer, they may file a written objection with the enforcement court; if they are dissatisfied with the ruling on the objection, they may file a lawsuit challenging the enforcement. Whether the enforcement can be prevented depends on whether the rights are genuine and sufficient to resist the enforcement, which will be determined by the court after reviewing the case.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Legal services for creditor-debtor disputes·Attorney Yuan Hang·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.