Errors in execution can be corrected through trial supervision procedures.
Articles 177 and 178 of the Civil Procedure Law stipulate that if the people's courts at all levels find that the legally effective judgments and rulings of our hospital are wrong and think that a retrial is necessary, the president of our hospital shall submit them to the judicial committee for discussion and decision, and start the retrial procedure. The parties also have the right to apply for a retrial of the effective judgment or ruling. The ruling made in the process of execution is part of the people's court's exercise of judicial power. As long as the judgment made in the course of litigation is indeed wrong, the people's court has the power of trial supervision.
First of all, the civil retrial procedure is a procedure for the people's court to try a judgment or ruling that has come into effect again. The retrial procedure includes the start of retrial procedure and the trial of retrial procedure. As far as civil litigation is concerned, the organs with the power of trial supervision are the people's courts and people's procuratorates. It is found that the legally effective civil judgment or ruling is indeed wrong and can only be retried by the people's court. Retrial procedure is a follow-up procedure, which can change the original effective judgment. The effectiveness of the ruling on property preservation in litigation should generally be maintained until the end of the execution of the effective legal documents.
Secondly, the execution procedure is also a legal procedure in civil litigation, and civil execution is an important function of the court and the embodiment of the national judicial power. Since the execution procedure is an inevitable extension of the judicial power of the people's courts, it is of course the scope of trial supervision and must be supervised. The ruling stipulated by law not only refers to the ruling in the trial process, but also includes the ruling in the execution process. 5438+0 the Supreme People's Court's "Provisions on Several Issues Concerning Handling Cases of Refusing to Accept the Effective Judgment of Our Hospital" made on October 65, 2006 stipulates that the relevant cases of refusing to accept the enforcement agencies shall be handled according to these provisions, that is, the trial supervision procedure. It provides a legal basis for solving the problem that the trial supervision procedure is applicable to the ruling that is indeed wrong in the execution process.
Third, the trial supervision procedure, in addition to correcting the mistakes in the trial process, is also a relief system established by the people's court when the enforcement actions infringe upon the interests of the parties or interested parties, which provides opportunities and methods for relief for the wrong law enforcement actions in the execution process, and also provides legal guarantee for the judicial organs to strictly enforce and fairly enforce them. Only by applying the procedure of trial supervision can the people's court correct the loss of interests caused by specific execution errors or improper execution measures to the parties or outsiders, and correct it according to relevant laws and regulations, so as to remedy the legitimate rights and interests of the parties or outsiders.
Fourthly, with regard to the Supreme People's Court's reply to the request report of the Shandong Higher People's Court on the correction procedure of the ruling made by the people's court in the execution procedure, he only replied to the legally effective pre-litigation preservation ruling made by the president of the people's court and the ruling made in the execution procedure. If there is a mistake that needs to be revoked, it shall be submitted to the judicial Committee for discussion and decision, and the original ruling shall be revoked. Although the law has not made specific operating procedures, according to the provisions of Article 184 of the Civil Procedure Law, the applicant applies for a retrial of the enforcement ruling, and the filing court will conduct a review and think that there may be errors in the original enforcement ruling, suspend the execution of the original ruling and enter the retrial. However, in the retrial procedure, we should consider the characteristics of the execution procedure and apply the form of hearing instead of hearing (because the hearing is aimed at both parties). Send a copy of the retrial application to the relevant parties, and give evidence and cross-examination at the hearing, so that the parties can fully state their reasons at the hearing. The hearing should be open, simple and easy. After deliberation by the collegial panel, it shall be submitted to the judicial Committee of our hospital for discussion and decision. The collegial panel must implement the decision of the judicial committee, cancel the original ruling and make a new ruling, which can better highlight the judicial rigor when retrial is wrong.
How to solve the problem of mission failure?
If you have, you will be punished.
How to solve the problem of script running error
If there is a script error in IE, you can try the following methods. If it often appears when playing games, it may be a problem with the game software or the website. Try uninstalling the game and reloading it.
Open "Disable Script Debugging (Internet Explorer)" and "Disable Script Debugging (Other)" in the drop-down list of IE Tools/Internet Options/Advanced/Check the settings, and then press Apply to confirm.
Or try Firefox or Opera without IE as the kernel. If there is something wrong with IE, please restore the system or reinstall IE.
How to deal with the situation of adding the error of the executed person?
After the execution of the application, Zhang applied to add Wang, the wife of Li, as the executor. According to Zhang's application, the court added Wang as the executor and frozen Wang's bank deposit of 65,438+10,000 yuan. Wang refused to accept, raised an objection to the court, and provided the court with evidence that both husband and wife had an agreement on the property obtained during the marriage relationship and that Zhang knew the agreement. After examination, the evidence provided by Wang is true and legal.
The first opinion is that there is no clear stipulation in the existing laws and relevant judicial interpretations on how to deal with the additional mistakes made by the person subjected to execution, and the only basis is the stipulation in Article 130 of the Provisions of the Supreme People's Court on Several Issues Concerning the Execution of People's Courts (for Trial Implementation). "If the higher court finds that the ruling, decision, notice or specific execution made by the lower court is improper or wrong in execution, it shall promptly instruct the lower court to correct it, and may notify the relevant court to stop execution. ...
The second opinion is that when the enforcement court finds that the additional person subjected to execution is wrong, the court itself has the right to correct it.
The author agrees with the second view for the following reasons:
First, how to deal with the mistakes of additional executors is not without applicable laws. Article 225 of the Civil Procedure Law stipulates that "if the parties or interested parties think that the execution is in violation of the law, they may file a written objection to the people's court responsible for the execution. If a party or interested party raises a written objection, the people's court shall conduct an examination within 15 days from the date of receiving the written objection. If the reason is established, it shall make a ruling to cancel or correct it; If the reason cannot be established, the ruling shall be rejected. If a party or interested party refuses to accept the award, it may apply to the people's court at the next higher level for reconsideration within ten days from the date of service of the award. " Adding the behavior of the person subjected to execution is of course an execution. If an interested party raises a written objection, the enforcement court has the right to correct the behavior of the additional person subjected to execution on its own.
Second, it is not in line with the basic principles of civil law to increase the mistakes of the person subjected to execution, if they must be corrected by a higher court. According to the provisions of Article 198 of the Civil Procedure Law, the court of first instance can retry cases that are indeed wrong, that is to say, the trial procedure that pays attention to the principle of fairness can be retried by the court of first instance, while the error of the execution procedure that pays attention to efficiency priority can only be corrected by the court at the next higher level, which obviously does not conform to the basic principles of civil law. In the execution procedure, if the enforcement court finds that there is a mistake in the execution behavior, it can only correct it by itself, so as to protect the rights of the parties in the most timely manner. Of course, the enforcement court has the right to correct its own mistakes, which does not mean that the higher court has no right to correct them. When the higher court finds that the lower court has made mistakes in execution, it has the right to instruct the lower court to correct it or directly correct it.
Third, in this case, how to deal with the mistake of adding Wang as the executor. Since the ruling of adding Wang as the executor has come into effect, Wang should inform Zhang and Li of the situation and listen to their opinions after submitting relevant evidence to the court. After comprehensively identifying the evidence of all parties, if it is confirmed that the act of adding Wang as the person subjected to execution is indeed wrong, the enforcement court shall make a new ruling, revoke the ruling of adding Wang as the person subjected to execution, and lift the property preservation measures against Wang. (Author: People's Court of Jinxi County, Jiangxi Province)
Error while running SQL. How to solve it?
One: The database engine is not started:
Start-> Program-> Microsoft SQL Server 2005-& gt； SQL Server 2005 peripheral application configurator, click "Connect the peripheral application configurator for service" in the opened interface, find the database engine in the opened interface, and click "Service" to see if it has been started. If it has not been started, click "Start" and make sure that the "Start Type" is automatic, not manual, otherwise it will be started manually next time.
Two: the remote connection setting of the startup line is not turned on.
1. Point to "Start->; Program-> Microsoft SQL Server 2005-& gt； Configuration tool->; SQL Server Surface Application Configurator "
2. On the SQL Server 2005 Surface Area Configuration page, click Surface Area Configuration for Services and Connections.
3. Then click Expand Database Engine, select Remote Connection, and select Local Connection and Remote Connection on the right.
Then choose the protocol to use, (TCP/IP and named pipe service should be enabled here! Click Apply and you will see the following message: "Changes to connection settings will not take effect until the database engine server is restarted." , click the "OK" button to return.
4. Expand the database engine, select the service, click Stop on the right, wait for the MSSQLSERVER service to stop, and then click Start to restart the MSSQLSERVER service.
How to Solve Runtime Error -2 147023266
Msxml3.dll Error 800c0005 The specified resource could not be found in the system. Method 1: This situation has been encountered before. This problem usually occurs when using XMLHTTP to collect information statically or update a web page. I've made similar mistakes before.
set objxmlhttp = server . createobject(" Microsoft。 Xmlhttp ")' is generally used below msxml2.6.
Msxml3.dll+ supports set objxmlhttp = server.createobject ("msxml2.xmlhttp")'.
Instead of using it, it's all wrong now.
I searched all the technical forums and search engines I know online, and there may be many situations that lead to such problems. Let's summarize as follows:
(1) This is the most basic. Your server does not support xml or the component version is low, so you need to download the corresponding component. This general server does not need it. In most cases, it supports xml, so this is rare.
(2) the 2)msxml3.dll file may be damaged or the file permissions are insufficient (permissions are small). If the file is damaged, you can download the msxml3.dll file of the corresponding system environment on the Internet to replace it (the 2003 system seems to be under c:\\windows\system32), and you need to close iis and other corresponding services to cover it.
(3) The firewall or antivirus software has disabled the corresponding port. How to set it depends on different software. You can try to turn off the firewall or antivirus software, and then test it to determine whether this is the problem.
(4) Re-register the component and try it out. Start >> Run: Regsvr32 msxml3.dll
(5) DNS resolution error, please check your network settings or correct domain name resolution access.
(6) Check your IP filtering settings (I don't quite understand this)
(7) The other party's resources are invalid. For example, when collecting a piece of information, there is no error in the other party's information that leads to the termination of the program, which may also be the case. This error exists in the call.
Open method of xml component, followed by Send method. When the url parameter of the open method is inaccessible, it will result in 8000005.
Mistake. Once this error occurs, it will cause the application to terminate and cannot continue to run. Most programs are written like this:
FunctionName(pararm ...)
Dim Http
Set Http = server. CreateObject("MSXML2。 XMLHTTP.4.0”)
Use Http
. Open "GET", HttpUrl, False
. send
End with ...
If Http. So Readystate4
Set Http = none.
......
Exit function end if
End function
Most programs use xml.
The Readystate property determines the return status of the server. In fact, this may not be appropriate, and ReadyState is often used.
Attribute judgment can't really detect errors in program flow. When an error is encountered, it will still cause the program to terminate. In fact, if you modify the above code, you can completely skip the errors encountered during the execution of the program and keep the program running. Modify the code as follows:
FunctionName(pararm ...)
Dim Http
Set Http = server. CreateObject("MSXML2。 XMLHTTP.4.0”)
Use Http
. Open "Get" ...>& gt
The computer always prompts how to solve the error of running the script.
Scriptscriptpq is an executable file written in a certain format using a specific descriptive language, also known as a macro file or a batch file. Scripts can usually be called and executed temporarily by applications. At present, various scripts are widely used in web design, because scripts can not only reduce the size of web pages, improve the speed of web browsing, but also enrich the performance of web pages, such as animation, sound and so on.
Scripts are very important to support some web pages. If you are prompted that the script is wrong or the script is disabled, just open it directly. The method is as follows:
1. Open the Internet option in IE browser and switch to the Security tab.
2. Click the custom level, and in the pop-up dialog box, find the script option.
3. Just enable the three scripts under the script, that is, the red box in the figure, and you can start the script.
But if not, it may be that the script is damaged, so it needs to be completely repaired, and it needs to be repaired with CMD command. The method is as follows:
1. Enter CMD in the Start Search box to open the command prompt.
2. Enter regsvr32 jscripq.dll, press enter → after the success prompt pops up, click OK.
3. Enter regsvr32 vbscripq.dll, press enter → after the success prompt pops up, click OK.
In this case, all scripts will be repaired, and there will be no problem of prompting script errors after restarting.
How to solve the runtime error without quitting the program?
What project did you finally take part in? Making it clear is more conducive to solving the problem. Some software has several processes in Task Manager at the same time. This may happen when you close one and open the other. Some systems or programs similar to antivirus software will automatically own processes in the task manager. In other cases, some programs will not be displayed in the task manager that comes with windows, or they can't be forced to end, so you need to use other tools to close them. The solution is to find out the process you want to close first, or try to close it again with a special process tool. Another way is to restart the computer.
What should I do if I find that I don't meet the requirements after filing the case?
In the practice of execution, the author often sees that the phenomenon of not meeting the acceptance conditions often occurs after the execution of the case, such as: the person subjected to execution does not meet the application execution conditions, and the parties file an appeal within the statutory appeal period. In this regard, because our country's implementation regulations only examine the elements of filing for execution from the procedural form, but not from the essence, it is inevitable to find that the phenomenon of not meeting the acceptance conditions after filing for execution, and the law has no clear and specific provisions on this. Therefore, different executors have taken different measures, which are nothing more than ruling not to execute, ruling to terminate execution and ruling to reject the application for execution. In view of this situation, the author thinks that the third approach is more in line with the relevant spirit of the civil procedure law. According to Article 18 of the Enforcement Regulations, the court shall meet the following conditions when accepting enforcement cases: (1) The legal documents applied for enforcement or transferred for enforcement have come into effect; (2) The application executor is the obligee or his successor or obligee determined by the effective legal document; (3) The application executor applies within the statutory time limit; (4) The legal documents applied for execution contain payment contents, and the subject matter of execution and the person subjected to execution are clear; (5) The debtor fails to perform its obligations within the time limit specified in the effective legal document; (6) Belonging to the jurisdiction of the court applying for enforcement. The court shall file an application that meets the above conditions within seven days; If one of the above conditions is not met, it shall be ruled inadmissible within seven days. Because the court "conducts a procedural review of the application for execution, but does not conduct a substantive review of the basis for execution", some cases that do not meet the acceptance conditions will inevitably be wrongly filed. For a civil case that the prosecution is found not to meet the acceptance conditions after the case is filed, Article 139 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the prosecution is dismissed. For administrative cases that do not meet the requirements for prosecution after acceptance and examination, the second paragraph of Article 32 of the Procedural Interpretation also stipulates that prosecution should be dismissed. However, the civil procedure law and judicial interpretation do not stipulate how to deal with enforcement cases that are deemed unqualified after filing. In practice, some cases have served the notice of acceptance or the notice of execution to the executor before the misjudged case is discovered, and some even take compulsory measures such as sealing up, seizure and freezing. The relevant courts have dealt with such cases in various ways. Some contractors went directly to the filing court to cancel the case, some ruled that it would not be accepted, some ruled that the application was rejected, and some ruled that the notice of acceptance was revoked. Some are because the explanation work is not in place, and the application executor is * * *; Some cases have incomplete legal procedures and many sequelae, which affect the image of the court and need to be standardized. In my opinion, according to the legislative spirit of Article 18 of the Implementation Regulations, referring to the provisions on handling similar cases in civil and administrative cases, we should consider the diversity of sources of enforcement cases and treat them differently. In the case of application for execution, the application for execution shall be rejected; A case transferred for execution shall be ruled inadmissible. The above ruling shall specify the reasons and legal basis for rejecting the application and refusing to accept it, and shall be served on both parties and the original agency. After the ruling, the undertaker shall do a good job in the aftermath. If the application is rejected because the legal document has not yet come into effect, the creditor shall be informed orally or in writing that he can apply for compulsory execution according to law after the document comes into effect; If the application is rejected due to the expiration of the time limit for performance, the creditor shall be informed that it can apply for execution according to law after the expiration of the time limit; If the application is rejected because the applied court has no jurisdiction, the relevant materials may be transferred to the court with jurisdiction, or the creditor may be notified to apply to the court with jurisdiction for execution; If the application is rejected for other reasons, the legal interpretation shall be done well; Compulsory measures that have been taken shall be lifted according to law. In addition, for cases entrusted by foreign courts, it is necessary to contact the relevant courts before the ruling, and suggest that the courts cancel the entrustment; If the entrusting court does not reply, the entrusted court may return the case to the entrusting court after ruling that it will not accept the case. For cases designated for execution by a higher court, first consult the higher court before making a ruling. If the superior court agrees to implement the opinions of the court, it shall make a ruling of inadmissibility according to law and return the relevant materials to the original enforcement court; If the superior court disagrees, it shall continue to execute.
How to solve the mistakes in game operation?
1 has no effect on the computer or appears occasionally. Never mind it, it may disappear automatically after restarting the computer.
This problem may occur in pirated systems or Ghost version systems. Install the official patch in time (check whether the year, month and day of the computer are correct). Suggestion: Install a genuine system.
3 caused by virus: upgrade antivirus software or download special killing tools to thoroughly kill the virus on the computer.
4 caused by hardware: If it is caused by a memory stick, remove the memory stick, clean it up and reinstall it. If necessary, replace the memory module. (This problem rarely occurs on hardware)
5 software reasons: the installed software conflicts with the system or other software, pirated or other software with viruses (games, etc.). ). If you use genuine software, you won't have this problem. Mainly check the startup items, and disable the unnecessary startup items.
Then be a browser, player, game, QQ, etc. This problem occurs when the. The general solution is to uninstall the software and then reinstall it. If it can't be solved, you need to replace other versions of the same type of software, or find the conflicting software to uninstall, so that the problem can be solved.
6 Check whether there is any problem with the driver, reinstall the driver or update the driver in time.
If all the above methods can't be solved, download a reading tool from the Internet and try it. If necessary, restore or reinstall the system.