Applicant: XXX, authorized agent: lawyer from XX Law Firm in XX Province, phone number: XXX.
Respondent: XXX, the legal representative of XX Co., Ltd., male, Han nationality, born on XX, XX, 19XX, lives in Room XX, Building 2, in a certain community, ID number XXXXXXX.
Application project:?
Request for judicial detention of the respondent Wang Moumou?
Facts and reasons:
In a case involving a sales contract dispute between the applicant and a limited liability company, a People's Court issued Judgment No. 1002. * *, and a limited liability company failed to perform its obligations determined by the judgment within the specified period. Has the applicant arrived? The XXX People's Court applied for compulsory execution, and the XXX People's Court accepted the application with * *. After the case was enforced, XXX Co., Ltd. neither fulfilled its repayment obligations nor declared its property.
This kind of behavior is a typical bad behavior of evading debts and contempt of court. The respondent Wang Moumou is the legal representative of the limited liability company and should be primarily responsible for his refusal to perform the obligations specified in the effective legal documents. In order to protect the legitimate rights and interests of the applicant and in accordance with the provisions of relevant laws and regulations, our court applied to your court for judicial detention of the respondent Wang XX, so as to set an example and demonstrate justice.
Hereby?
XX People’s Court?
Applicant: XX
Agent: XX
x day, x month, x year
Second, the ex-wife refused to pay child support Fee measures
The general procedure is to first apply to the court and provide clues about the property of the person subject to execution. Some courts take the initiative to enforce the law, but this may not be applicable. Then the court first notifies the person subject to execution to voluntarily perform his obligations. If he fails to perform, he will deduct bank deposits, salary income, etc. , and may be detained.
According to Article 111 of the Civil Procedure Law, if the person subject to execution refuses to execute the court's judgment, the court may impose judicial detention on him or her. In serious cases, criminal liability may be pursued for refusing to implement court judgments or rulings.
Extended data:
Judicial detention can be implemented under the following circumstances:
1. Article 110 of the "Civil Procedure Law" stipulates that participation in litigation Persons and others are expected to abide by the rules of the court.
The people's court may reprimand, order to leave, fine or detain anyone who violates court rules.
For those who disrupt the court, attack the court, insult, slander, threaten or beat the judges, and seriously disrupt the order of the court, the People's Court shall pursue criminal responsibility; if the circumstances are minor, they shall also be fined and detained.
2. Article 111 stipulates that if a litigation participant or other person commits any of the following acts, the people's court may impose a fine or detain him or her according to the seriousness of the case; if a crime is constituted, criminal prosecution shall be pursued in accordance with the law. Responsibilities:
(1) Forging or destroying important evidence to prevent the People's Court from hearing cases;
(2) Using violence, threats, or bribery to prevent witnesses from testifying or instigating, bribing, or Coercing others to give perjury;
(3) Hiding, transferring, selling, or destroying property that has been sealed or detained, or transferring property that has been counted or ordered to be kept;
(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, litigation participants, witnesses, translators, appraisers, surveyors, and assisting executioners;
(5) Using violence , threatening or otherwise obstructing judicial personnel from performing their duties;
(6) Refusing to perform the legally effective judgments and rulings of the People's Court.
The people's court may impose a fine or detain any unit that commits one of the acts listed in the preceding paragraph; if a crime is constituted, criminal liability shall be investigated in accordance with the law.
According to the provisions of my country's "Civil Procedure Law" and "Administrative Procedure Law", when applying the compulsory measure of judicial detention, the collegial panel or the single judge handling the case must first put forward an opinion and submit it to the president of the court for approval. , and then make a "detention decision" and hand it over to the judicial police for execution.
When executing detention, the execution officer shall present and read out the detention decision to the detainee.
The detained person shall be transferred by the people's court to the custody of the public security organ. The detention period is 15 days or less. If a detainee is dissatisfied with the People's Court's decision, he or she may apply for reconsideration to the People's Court at the next higher level. However, the execution of the decision will not be suspended during the review period. During the period of detention, if the detainee admits and corrects his mistakes, the people's court may decide to terminate the detention in advance.
People's Daily Online - The person subject to execution refused to truthfully declare his property and was detained in judicial custody.