Applicant: XX, entrusted agent: XX, lawyer of XX Law Firm in XX Province, telephone number: XXXXX.
Respondent: legal representative of XX, XX Co., Ltd., male, Han nationality, 19XX, born on XX, and living in Room XX, Building 2, a certain residential area, with ID number XXXXXXX.
Matters to be applied for: requesting the implementation of judicial custody for the respondent XX.
Facts and reasons: In the case of the applicant v. XX Co., Ltd., the people's court of XX made judgment No.200 1. XX Co., Ltd. failed to fulfill its obligations determined in the judgment within the prescribed time limit. The applicant applied to the people's court of XX for compulsory execution, which was accepted by the people's court of XX with the symbol * *. After the case was enforced, XX Co., Ltd. neither fulfilled its repayment obligations nor declared its property.
This kind of behavior is a typical bad behavior of evading debts and flouting the court. The respondent XX is the legal representative of XX Limited Liability Company, and is mainly responsible for refusing to perform the obligations stipulated in the effective legal documents. In order to safeguard the legitimate rights and interests of the applicant, according to the provisions of relevant laws and regulations, our hospital applied to your hospital for the judicial custody of the respondent XX, so as to make an example and show justice.
Legal basis: Article 110 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the parties and others shall abide by the rules of the court.
The people's court may admonish, order to leave, fine or detain those who violate the rules of the court.
The people's court shall investigate criminal responsibility for disturbing the court, assaulting the court, insulting, slandering, threatening or beating the judge, and seriously disturbing the court order; If the circumstances are minor, they shall also be fined and detained.
Article 111 stipulates that if a litigant participant or other person commits one of the following acts, the people's court may impose a fine or detain him according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Forging or destroying important evidence, which hinders the people's court from hearing a case;
(2) using violence, threats or bribes to prevent witnesses from testifying or instigating, bribing or coercing others to commit perjury;
(3) Hiding, transferring, selling off or destroying the property that has been sealed up or detained, or transferring the property that has been counted and ordered to be kept;
(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors;
(5) Obstructing judicial personnel from performing their duties by violence, threat or other means;
(6) Refusing to perform a legally effective judgment or ruling of the people's court.