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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/23 23:51
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Chapter Law Content

PART VIII COMPULSORY EXECUTION
Article 304
Where a judgement of revocation has become binding, the relevant authorities shall take necessary measures to execute the content of the judgment.
Article 305
Whereas the decision of an administrative litigation has ordered the debtor to make a payment that the debtor failed to make after the decision has become binding, the creditor may file a petition with the administrative litigation division of the district court to carry out a compulsory execution on the grounds of said decision as a title for execution.
The administrative litigation division of the district court shall notify the debtor to perform the obligation within a designated time; if the debtor still fails to fulfill the obligation within the designated period, a compulsory execution shall be carried out.
Where the debtor is a central or local government agency or other public corporation, the court shall notify its superior agency to urge prompt performance.
A settlement reached under this Act, other rulings rendered under this Act that are enforceable, or rulings that impose an administrative fine, can serve as titles for execution.
Article 306
The district administrative court may request the civil enforcement division of a district court or an administrative agency to carry out the task of compulsory enforcement of administrative litigation on its behalf.
Unless otherwise provided for in this Act, whether the Compulsory Enforcement Act or the Administrative Enforcement Act shall apply mutatis mutandis to the enforcement procedure depends on whether the enforcement agency is a court or an administrative agency.
If a debtor objects to an enforcement order during the enforcement procedure on request provided for in Paragraph 1, the objection shall be decided by the district administrative court by a ruling.
Article 307
During the enforcement procedure, a debtor may raise objections by initiating litigation. Such litigation shall be adjudicated as follows: If a first-instance administrative court makes the enforcement order, then the litigation initiated by a debtor shall be adjudicated by that first-instance administrative court, which may be a district administrative court or a high administrative court. District courts shall adjudicate other types of litigation initiated during the enforcement procedure.
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