code of civil law
Article 224 The property part of a legally effective civil judgment or ruling and a criminal judgment or ruling shall be executed by the people's court of first instance or the people's court of the place where the property is executed at the same level as the people's court of first instance.
Other legal documents stipulated by law to be executed by the people's court shall be executed by the people's court in the place where the person subjected to execution has his domicile or where the property subjected to execution is located.
According to article 3 13 of the criminal law of People's Republic of China (PRC).
The crime of refusing to execute a judgment or ruling refers to the act of refusing to execute a judgment or ruling of a people's court if the circumstances are serious. The punishment is fixed-term imprisonment, criminal detention or fine.
The following situations belong to the situation of "refusing to execute if you have the ability to execute, and the circumstances are serious" as stipulated in Article 313th of the Criminal Law:
(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.
Any functionary of a state organ who commits the act mentioned in Item 4 of the preceding paragraph shall be investigated for criminal responsibility for refusing to execute a judgment or ruling.
Extended data
Case:
The company involved is a construction enterprise with the second-class qualification of general contracting of construction projects, and the legal representative is the defendant Guo. 2065438+March 2007, the plaintiff sued 32 migrant workers, and the company owed them more than 350,000 yuan in wages. During the trial, the plaintiff and the defendant reached a mediation agreement, but the defendant company still failed to pay it back within the time limit, so the plaintiff applied for enforcement. After the execution document was served, the defendant company refused to declare the property.
The defendant, a construction company in Hubei, refused to perform the ruling of the people's court, and the circumstances were serious, which constituted the crime of refusing to execute the judgment or ruling.
As the legal representative of the unit, the defendant Guo refused to perform the ruling of the people's court. If the circumstances are serious, it shall be punished according to the crime of refusing to execute the judgment or ruling. Considering the criminal circumstances and repentance of the company and Guo, the defendant unit and the defendant can be fined, and the court made the above judgment.
People's Daily Online-Court in Zigui, Hubei Province tried a case of refusal by a unit.