中华人民共和国民事诉讼法 14
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第九章 财产保全和先予执行
Chapter IX Property Preservation1 and Advance Execution
第九十二条 人民法院对于可能因当事人一方的行为或者其他原因,使判决不能执行或者难以执行的案件,可以根据对方当事人的申请,作出财产保全的裁定;
"Article 92 In the cases where the execution of a judgment2 may become impossible or difficult because of the acts of either party or for other reasons, the people's court may, at the application of the other party, order the adoption3 of measures for property preservation. "
"In the absence of such application, the people's court may of itself, when necessary, order the adoption of measures for property preservation."
"In adopting property preservation measures, the people's court may enjoin4 the applicant5 to provide security; if the applicant fails to do so, his application shall be rejected."
"After receiving an application, the people's court must, if the case is urgent, make an order within 48 hours; "
"if the order for the adoption of property preservation measures is made, the execution thereof shall begin immediately."
第九十三条 利害关系人因情况紧急,不立即申请财产保全将会使其合法权益受到难以弥补的损害的,可以在起诉前向人民法院申请采取财产保全措施。
"Article 93 Any interested party whose lawful6 rights and interests would, due to urgent circumstances, suffer irretrievable damage without immediately applying for property preservation, may, before filing a lawsuit7, apply to the people's court for the adoption of property preservation measures. "
"The applicant must provide security; if he fails to do so, his application shall be rejected."
"After receiving an application, the people's court must make an order within 48 hours; if the court orders the adoption of property preservation measures, the execution thereof shall begin immediately."
"If the applicant fails to bring an action within 15 days after the people's court has adopted the preservation measures, the people's court shall cancel the property preservation."
第九十四条 财产保全限于请求的范围,或者与本案有关的财物。
Article 94 Property preservation shall be limited to the scope of the claims or to the property relevant to the case.
"Property preservation shall be effected by sealing up, distraining, freezing or other methods as prescribed by the law."
"After the people's court has frozen the property, it shall promptly8 notify the person whose property has been frozen."
The property that has already been sealed up or frozen shall not be sealed up or frozen for a second time.
第九十五条 被申请人提供担保的,人民法院应当解除财产保全。
"Article 95 If the person against whom the application for property reservation is made provides security, the people's court shall cancel the property reservation."
第九十六条 申请有错误的,申请人应当赔偿被申请人因财产保全所遭受的损失。
"Article 96 If an application for property preservation is wrongfully made, the applicant shall compensate9 the person against whom the application is made for any loss incurred10 from property preservation."
第九十七条 人民法院对下列案件,根据当事人的申请,可以裁定先予执行:
"Article 97 The people's court may, upon application of the party concerned, order advance execution in respect of the following cases: "
"(1) those involving claims for alimony, support for children or elders, pension for the disabled or the family of a decedent, or expenses for medical care; "#p#分页标题#e#
(2) those involving claims for remuneration for labour; 
and (3) those involving urgent circumstances that require advance execution.
第九十八条 人民法院裁定先予执行的,应当符合下列条件:
Article 98 Cases in which advance execution is ordered by the people's court shall meet the following conditions:
" (1) the relationship of rights and obligations between the parties concerned is clear and definite, and denial of advance execution would seriously affect the livelihood11 or production operations of the applicant; "
and (2) the person against whom the application for advance execution is made is capable of fulfilling his obligations.
"The people's court may enjoin the applicant to provide security; if the applicant fails to do so, his application shall be rejected. "
"If the applicant loses the lawsuit, he shall compensate the person against whom the application is made for any loss of property incurred from the advance execution."
第九十九条 当事人对财产保全或者先予执行的裁定不服的,可以申请复议一次。
"Article 99 If the party concerned is not satisfied with the order made on property preservation or execution, he may apply for reconsideration which could be granted only once. "
Execution of the order shall not be suspended during the time of reconsideration.


1 preservation glnzYU     
  • The police are responsible for the preservation of law and order.警察负责维持法律与秩序。
  • The picture is in an excellent state of preservation.这幅画保存得极为完好。
2 judgment e3xxC     
  • The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
  • He's a man of excellent judgment.他眼力过人。
3 adoption UK7yu     
  • An adoption agency had sent the boys to two different families.一个收养机构把他们送给两个不同的家庭。
  • The adoption of this policy would relieve them of a tremendous burden.采取这一政策会给他们解除一个巨大的负担。
4 enjoin lZlzT     
  • He enjoined obedience on the soldiers.他命令士兵服从。
  • The judge enjoined him from selling alcohol.法官禁止他卖酒。
5 applicant 1MlyX     
  • He was the hundredth applicant for the job. 他是第100个申请这项工作的人。
  • In my estimation, the applicant is well qualified for this job. 据我看, 这位应征者完全具备这项工作的条件。
6 lawful ipKzCt     
  • It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
  • We don't recognised him to be the lawful heir.我们不承认他为合法继承人。
7 lawsuit A14xy     
  • They threatened him with a lawsuit.他们以诉讼威逼他。
  • He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。
8 promptly LRMxm     
  • He paid the money back promptly.他立即还了钱。
  • She promptly seized the opportunity his absence gave her.她立即抓住了因他不在场给她创造的机会。
9 compensate AXky7     
vt.补偿,赔偿;酬报 vi.弥补;补偿;抵消
  • She used her good looks to compensate her lack of intelligence. 她利用她漂亮的外表来弥补智力的不足。
  • Nothing can compensate for the loss of one's health. 一个人失去了键康是不可弥补的。
10 incurred a782097e79bccb0f289640bab05f0f6c     
[医]招致的,遭受的; incur的过去式
  • She had incurred the wrath of her father by marrying without his consent 她未经父亲同意就结婚,使父亲震怒。
  • We will reimburse any expenses incurred. 我们将付还所有相关费用。
11 livelihood sppzWF     
  • Appropriate arrangements will be made for their work and livelihood.他们的工作和生活会得到妥善安排。
  • My father gained a bare livelihood of family by his own hands.父亲靠自己的双手勉强维持家计。
TAG标签: party property execution