1. If the executor has evidence to prove that the person who has the obligation to execute refuses to execute the judgment or ruling and infringes on the personal and property rights of the executor, he shall be investigated for criminal responsibility according to law.
2. If the executor has evidence to prove that he has filed a complaint, the public security organ or the people's procuratorate shall not pursue the criminal responsibility of the person who has the obligation to execute.
The judicial organs will not accept it. Only when it is determined that the civil subject has committed a criminal act and does not meet the criteria for filing a case can the case be reported to the local judicial organ, and only the victim can file a lawsuit.
Not all claims for refusing to commit a crime will be accepted. In order to standardize the law enforcement behavior of the staff of the state judicial organs, the legislature of our country has formulated the standard of refusing to file a case for private prosecution on the basis of understanding the current legal norms in our country. When trying a case, it is necessary to decide whether to file a case in accordance with the provisions of this standard.
Legal basis:
criminal law
Article 3 13
The following acts of refusing to execute a judgment or ruling shall be punished as the crime of refusing to execute a judgment or ruling
(1) The person subjected to execution conceals, transfers, intentionally damages the property or transfers the property at a low price without compensation, which obviously makes the judgment or ruling unenforceable;
(2) 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;
(3) The obligor for assisting in execution refuses to assist in execution after receiving the notice from the people's court for assisting in execution, which makes the judgment or ruling unenforceable;
(4) The person subjected to execution, the guarantor or the obligor assisting in execution colluded with the functionaries of state organs to obstruct the execution by taking advantage of their functions and powers, so that the judgment or ruling could not be executed;
(five) other circumstances in which the ability to execute is refused, and the circumstances are serious.