1, Article 115th of the Civil Procedure Law of People's Republic of China (PRC)? The amount of personal fines is below100000 yuan. The amount of fines imposed on the unit is more than 50,000 yuan1000,000 yuan.
The period of detention shall not exceed fifteen days.
Detainees are handed over by the people's courts to the public security organs for custody. During the period of detention, if the detainee admits and corrects his mistake, the people's court may decide to terminate the detention in advance.
2. Article 184 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of People's Republic of China (PRC) stipulates that fines and detention for the same act of obstructing civil proceedings shall not be applied continuously.
The people's court may impose a new fine or detention if a new act of obstructing civil litigation occurs.
Extended data:
Case:
Refused to accept detention 15 days, and then refused to accept the sentence.
Since 20 17, the public prosecution and private prosecution of Yiyang county court have gone hand in hand, actively strengthened cooperation with public security and procuratorial organs, and formed a joint force to crack down on refusal to commit crimes. At the same time, the criminal private prosecution cases filed by the application executor are quickly tried and pronounced, the criminal responsibility of the executed person is investigated according to law, and typical cases are published regularly, forming a high-pressure situation to crack down on resisting execution crimes.
78 cases of refusing to perform court judgments and rulings have been transferred to public security organs for private prosecution and 72 cases have been closed.
Li Yin was sentenced to fixed-term imprisonment for refusing to execute the judgment or ruling.
20 15, 15 Li had an accident driving a minibus, which caused Shang to be disabled. The traffic police department found that Li was fully responsible. The court ruled that in addition to the insurance company's compensation for compulsory insurance120,000 yuan and the 50,000 yuan paid by Li Xianxian, it also compensated medical expenses, nursing expenses, disability compensation and spiritual comfort for a total of more than 570,000 yuan.
In order to avoid execution, Li hurriedly transferred the bus to someone else's name and went out to work after the car accident. Although Li was administratively detained by the court for refusing to execute the effective judgment of the court 15 days, he still refused to pay a penny to the merchant.
In the case that the public security organ believed that Li refused to commit a crime and refused to file a case, Shangmou, who was lying in a hospital bed and could not take care of himself, filed a criminal private prosecution with Yiyang Court, requesting the people's court to investigate the criminal responsibility of Li for refusing to perform the judgment. In the end, the defendant Li was sentenced to fixed-term imprisonment by the court.
References:
People's Daily Online-Yiyang Court: Insist on public prosecution and private prosecution and severely punish those who refuse to hold "Lao Lai"