In my opinion, if the losing party plays with the missing property after the judgment, the court may not make a ruling of "termination of execution" at the execution stage, but only make a ruling of "suspension of execution" according to law, and then make a ruling of "resumption of execution" according to law when the execution conditions are ripe.
First, since the civil judgment has come into effect according to law through the legal procedures of the court, it is necessary to safeguard the fairness, justice and authority of the law, and the execution of the case shall not be terminated illegally except for legal procedures.
Second, the losing party's act of missing, concealing or transferring the executed property for refusing to execute the effective civil judgment is precisely the criminal act of refusing to execute the effective judgment of the people's court as stipulated in the criminal law of our country, and its criminal responsibility should be investigated according to law.
Third, then, is it the legal reason for the court enforcement department to "terminate execution" if the person subjected to execution plays with the missing or hidden execution property?
In my opinion, the act of the person subjected to execution playing with missing or hiding the property under execution is not the legal reason for ending the execution according to law, but the constitutive elements of the crime of refusing to execute, because the person subjected to execution objectively has the obligation to perform the effective judgment of the court, but subjectively refuses to perform the obligation of the effective judgment. According to the Supreme People's Court's relevant regulations on civil execution, the enforcement department of the people's court can only apply the ruling of "suspension of execution" to this case, that is, the execution is suspended because the executor and property can't be found temporarily, and the execution will be resumed when the conditions are ripe.
The' termination of execution' will completely terminate the execution of this case and will not resume execution when conditions are ripe in the future. Obviously, this case does not apply to the termination of execution.
The above comments are for reference only, please forgive me if there is anything wrong.
The correct statement should be to terminate this execution program, which is what we usually call the final version. Court enforcement cases are usually divided into two types, one is the property available for execution, and the other is the property not available for execution. The first one is easy to understand, as long as there is property available for execution according to law. The second situation is more complicated. For example, some people borrow money to gamble, or fail to invest, resulting in debts that cannot be repaid, and there is no property available for execution under their names. The parties to such cases should treat them correctly. This is the risk you should take in civil behavior, just like losing money if you fail in business. After all, the risk cannot be passed on to the court, which is called execution failure. There is also the fact that the parties conceal property. After all, the investigation measures of the people's courts are limited, and applicants need to actively participate in assisting the courts to find clues about property. After all, you are facing your own case, and the court is facing thousands of cases. It is certainly not possible to make a detailed investigation by yourself. Terminating this executive program is only the end of the program and does not affect the entity rights. As long as you have property clues or the court finds clues, you can resume execution at any time, and to end this execution, you must issue a consumption restriction order to the person subjected to execution. The plane can't take the high-speed train.
This situation is actually very common. According to the current statistics, 40% and 50% of the cases entered into compulsory execution have no property available for execution, and one third of them are the subject matter of this case, that is, Lao Lai's disappearance.
What should I do if I encounter this situation? It is recommended to deal with it according to the situation.
First, the person being executed is an old man in his seventies or eighties, or is terminally ill, with no relatives or property, and that's all. However, in this case, you can often apply to the executive board of the court for some judicial assistance, and the specific amount depends on the case and the applicant's situation.
Third, after investigation, Lao Lai transferred some of his property after the judgment came into effect, such as selling it to relatives at an obvious low price, which was an obvious refusal to commit a crime. The parties may report the case to the public security organ with relevant evidence, or request the Executive Board to transfer the case to the public security organ for handling. The above two roads are impassable. If there is evidence to prove that Lao Lai refused to carry, he can file a criminal private prosecution with the court for refusing to carry.
Fourth, Lao Lai has no property for the time being and found no evidence of refusing to commit a crime. However, he has the ability to work and can only pay temporarily, but Lao Lai's blacklist and height limit order will continue. Pension first, wait until he has property.
For example, Orfila (originally from Yishui) in Jimo, Qingdao, caused one death and one serious disability in a traffic accident. After the Lisong court sentenced him, he disappeared without paying a penny. After investigation, Lao Lai has been hiding in Jimo to sell clothes, earning more than 6,000 yuan a month. Therefore, the victim applied for the inclusion of Lao Lai in the blacklist of those who have lost their trust, restricted high consumption, and collected evidence to investigate his criminal responsibility for refusing to execute.
As for the subject's other question, what should I do if Lao Lai disappears? Generally speaking, after the court files a case, it will conduct online monitoring through the public security. Those who have frequent social activities will soon find their hiding place and catch them. Others decided not to show up and suggested that the victim find his whereabouts through online reward.
Supplement: Incorrect termination of execution. It should be to stop this execution. It means to stop temporarily and recover at any time when there is evidence. If the person subjected to execution has not died and the applicant has not asked to give up, the case will generally not end. In other words, the person subjected to execution will not die and the applicant will not give up. This account will not be valid until it is hanged.
I worked in the executive board and handled more than 1000 cases. I'm here to teach you a dry goods method.
Don't be afraid when it comes to the final execution. There are some highly technical means, even the final judgment, the court can help you, as long as you know this measure and apply to the court.
At present, the deadlock of the case is that people and property can't be found, so we must start with these two pieces.
Find someone, and now the court can find the delivery address from Taobao. You can apply to the court to get the service address information and then come to the door one by one, and notify the public security and the court as soon as you find it.
Looking for property, according to your own ability, try to focus on the other party's account records, find out the flow of money, and drag out the object of property transfer, so as to solve the problem.
I'm Chen, a little legal expert, and I pay attention to interaction.
After applying for compulsory execution, the court will inquire about the property, vehicles, bank deposits and other information under the name of the executed person together with the investigation and control system. If, after inquiry, it is found that the person subjected to execution has no property available for execution, the court will terminate this execution procedure.
In actual implementation, the proportion of cases that can really be implemented in place is actually very small, and most cases have no property to be implemented. Therefore, in practice, it is very common that the debtor cannot be contacted and the debtor's property can be executed. If the person subjected to execution really has no property available for execution, there is really no way out. As an applicant, he can only accept such a result. However, the court only ended this execution procedure. If the applicant finds that the person subjected to execution has other property clues or finds that the person subjected to execution has other property for future execution, he may apply to the court for resumption of execution according to law.
Of course, in practice, some property clues may not be investigated by the court. Therefore, as an applicant, you can apply to the court for an investigation order and use it to inquire about the property of the executed person.
This is a difficult problem in implementation. Even if someone can be found, execution will be terminated without executable attributes. The applicant will resume the execution of the application after discovering that the person subjected to execution has executable property.
Now Lao Lai doesn't put the property in his own name, and the court sometimes has no choice but to enforce the property under the name of the person subjected to execution, and the executive board has no right to confirm the right. If the applicant finds that the person subjected to execution has transferred his property, he must also take legal procedures to revoke it.
In fact, to put it bluntly, the enforcement is still not enough. Now why Lao Lai is caught in the news rarely, and this situation is very rare in actual implementation. Under normal circumstances, if the executive judge can't find the property of the person to be executed, it will be terminated, that is, the task must not be offended.
As we all know, when executing an application, the applicant will be required to fill in the property available for execution. You can provide real estate and vehicles on the surface, but you don't know that they are not in the name of the executed person. In the past, acquaintances were asked to check information in the public security system, but now the state expressly stipulates that private information is not allowed, which makes us have to ask lawyers to do these things, which invisibly increases the litigation cost. We have to pay this lawyer's fee ourselves. Most lawyers don't represent the case, which is easy to offend the executive judge.
There are various means to escape Lao Lai's execution. Although the state has regulations to limit the consumption of Lao Lai Gao, it is very difficult to operate in practice.
Finally, I advise you not to borrow money or give people a guarantee because of face. It is absolutely a wise saying to help the poor. It's a long way to go in Xiu Yuan, so cherish it!
I have a deep understanding that the court can't force money, and it can't control Lao Lai. We only expect national legislation to punish and investigate criminal responsibility. This may better safeguard social fairness, justice and honesty and trustworthiness!
I'm a lawyer. I'll answer your question.
Xie Youjun works in the court and has been involved in the implementation. I am very responsible to tell you that your situation can only be carried out to the end for the time being, and it cannot be terminated. A word difference is a thousand miles away. But even if it is finally implemented, it will only be a temporary result of your case and will not affect your future handling. Next, according to my experience in handling cases, I will tell you the difference between termination and termination and how to handle your case in plain language.
First of all, after the judgment comes into effect, if you can't find the parties and part of the property of the person subjected to execution, your case will enter the final procedure. Note that this is the end, not the end. These are two different concepts. In your topic, termination means that the case is closed even if it is closed. Your case will never be closed until the property is recovered, which means it will definitely not be closed. There are only two situations in which your case will be closed as mentioned in the title. One is that you revoked your application for execution, and the other is that the person subjected to execution fulfilled his obligations. Otherwise it won't end.
What is the final version? The final version means that for some reason, your case cannot be appealed in a short time, which means that the execution is temporarily suspended. As you said, the court couldn't find the executed person and found that the executed person had no property to execute, so the case should enter the final procedure, and you understand it as the end of the case.
So what kind of procedure will the case enter and enter the final procedure? First of all, after the case is in the hands of the enforcement judge, the enforcement judge will send the enforcement document to the person subjected to execution, limiting him to perform the tasks stipulated in the judgment within the specified time. If it is not given due, the court will arrest people and detain them. But considering your situation, you said that the court can't find anyone, and you can't find anyone. Detention is definitely not acceptable. At the same time, the executive judge will transfer the frozen property to ensure that the property will not be transferred, so that your case can be executed. If the property is not found through various means, the case will enter the final procedure, that is, the execution activities will be suspended.
But it doesn't mean that your case is over, not terminated as you said, but terminated. Find him, the first one will be detained, and the second one will continue to handle your case. So, if that's really what you said, I suggest you cooperate with the Executive Board to finalize this procedure, because there are a lot of cases that need to be handled by the Executive Board every day, and you can't delay others' time because of a case that you can't execute temporarily. Besides, your situation is not over, it is only temporarily stopped, not terminated. I hope you can understand. To say the least, you just don't understand, and you can't stop your case from entering this procedure, because this is the law, and individuals can't beat it. If you don't agree with this situation, it is not worth the candle to blame the executive board for being unhappy.
If the defendant is not sentenced, winning the case is equal to zero. The defendant will not pay back the money unless the execution court arrests, detains and sentences him.
If the person subjected to execution really has no property available for execution, it is understandable for the court to suspend execution. Of course, this does not mean that the application executor can only do nothing.
For example, in a dispute over creditor's rights and debts, the debtor absconded with the money, and the creditor had no choice but to bring a lawsuit to the court. After the judgment is successful, the creditor applies to the people's court for compulsory execution. After inquiry, the enforcement court found no debtor's whereabouts and any property, so the enforcement work could not continue and made a ruling to terminate the enforcement.
Legally speaking, it is understandable for the court to terminate the execution. Because the premise of court enforcement is that there must be an executed person and the executed person has property available for execution. At present, the person subjected to execution has not been found, and the property available for execution has not been found. The execution has fallen into a performance failure and can only be temporarily terminated. Of course, if the debtor is found afterwards, or clues to his property are found, the creditor may also apply for resumption of execution.
So, as a creditor, you can only do nothing? Not exactly. Creditors can find the debtor's property clues by themselves, especially to investigate whether the debtor has hidden or transferred the property. If the debtor's property clues are found, they can be provided to the enforcement court and require the court to resume execution immediately.
In addition, creditors can also apply to the people's court for the execution of a reward order, and encourage insiders to provide clues through rewards. Once the clue is real, effective and successfully executed, it can be partially paid to the clue provider. Some time ago, the author represented a case, and it was through the execution of the reward order that the relevant funds were finally successfully executed.
Of course, if the debtor doesn't have any property, the creditor can only admit that it is unlucky.