Legal analysis
There are many similarities in form and objective behavior between the crime of refusing to execute the judgment or ruling and the crime of illegally disposing of the seizure or seizure of property, but they are different.
The crime of illegally disposing of sealed-up, seized and frozen property is objectively manifested as hiding, transferring, selling off and intentionally damaging the property that has been sealed up, seized and frozen by judicial organs, and the circumstances are serious. The objective aspect of the crime of refusing to execute the judgment or ruling is that the court has the ability to execute the judgment or ruling that has already taken effect, and the circumstances are serious. According to the provisions of relevant judicial interpretations on serious circumstances in China, a certain * * listed "twelve" serious circumstances. Among them, the person subjected to execution conceals, transfers, intentionally damages or transfers the property without compensation, or transfers the property at an obviously unreasonable low price, which makes the judgment or ruling impossible to execute; The guarantor or the person subjected to execution conceals, transfers, intentionally damages or transfers the property that has provided a guarantee to the people's court, so that the judgment or ruling cannot be executed.
Comparing the objective acts of the two crimes, it is not difficult to see that there is a certain relationship between inclusion and inclusion in the objective acts of the two crimes, but it is obviously not enough to judge which crime constitutes only by objective acts. At this time, we should consider the subjective purpose. The subjective aspect of the crime of refusing to execute a judgment or ruling is intentional, that is, the actor knowingly takes actions such as concealing and transferring property to achieve the purpose of refusing to execute. The subjective aspect of the crime of illegally disposing of sealed-up, seized and frozen property is intentional, but intentional is opposite to illegal disposal behaviors such as hiding and transferring property, and has no specific purpose. In this case, the bank's purpose of transferring the property that has been protected by the court according to law is unwilling to execute the effective judgment of the court, which is obviously more in line with the constitutive elements of the crime of refusing to execute the judgment or ruling.
legal ground
Paragraph 3 of Article 111 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that if a party or other person conceals, transfers, sells or destroys the property that has been sealed up or detained or the property that has been counted and ordered to be kept, and transfers the frozen property, the people's court may impose a fine or detain it according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 314th of the Criminal Law of People's Republic of China (PRC) stipulates that "anyone who conceals, transfers, sells or intentionally damages the property sealed up, detained or frozen by judicial organs, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine."