Notice of rights and obligations in criminal cases

Subjectivity of law: In modern society, there are all kinds of social fraud and legal problems, but in the face of numerous legal provisions, it is difficult for us to master all the knowledge, that is, the mode of informing the rights and obligations of the executed person. I hope everyone can be helpful when facing related problems. Sample Notice of Rights and Obligations of the Executed Person * * People's Court-Notice of Rights and Obligations of the Executed Person In order to ensure the implementation of effective legal documents and safeguard the legal authority, the rights and obligations of the executed person are hereby announced as follows: Rights of the Executed Person: 1, right to apply for withdrawal. If the person subjected to execution believes that the judge or clerk handling the case has the following circumstances, he has the right to apply for withdrawal orally or in writing: (1) He is a close relative of a party to the case or a party or an agent ad litem; (2) Having an interest in the case; (3) Having other relations with the parties to the case, which may affect the fair execution of the case. When the person subjected to execution applies for withdrawal, he shall explain the reasons. From the beginning of execution to the end of execution, whether to withdraw the lawsuit is decided by the people's court. 2. The right to apply for enforcement of the due creditor's rights. If the person subjected to execution is unable to perform the due debts, but enjoys the due creditor's rights to the third party, he may apply to the people's court for compulsory enforcement of the due creditor's rights. The people's court may, according to the circumstances, decide whether to issue a notice to the third party to perform the due creditor's rights, and the third party may object to the performance. 3. The right to reconciliation. In the process of execution, a settlement agreement can be reached with the other party voluntarily, and the subject, subject matter, amount, time limit and performance method determined by the effective legal document can be changed. The contents of the settlement agreement must be legal and valid. If the application executor reaches a settlement agreement with the person subjected to execution due to fraud or coercion, or both parties fail to perform the settlement agreement, the people's court may resume the execution of the original effective legal document upon the application of the parties. 4. The right to raise execution objections. If the person subjected to execution thinks that the act of execution violates the law, he may file a written objection to the people's court responsible for execution. 5. The right to apply for reconsideration. If the person subjected to execution refuses to accept the decision of the people's court on fines or detention, he may apply to the people's court at the next higher level for reconsideration once. Execution shall not be suspended during reconsideration. Obligations of the person subjected to execution: 1. Fulfill the obligations specified in the effective legal documents. Effective legal documents must be automatically implemented. If it fails to perform within the time limit, the people's court will enforce it. And the person subjected to execution shall bear the debt interest during the delayed performance in accordance with Article 253 of the Civil Procedure Law of People's Republic of China (PRC) and the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law for Calculating the Debt Interest during the Delayed Performance. 2. Obligation to truthfully declare property. The person subjected to execution shall truthfully declare the current property status and the property status one year before the date of receiving the notice of execution. If the property status of the person subjected to execution changes after the declaration of property, which affects the realization of the creditor's rights of the applicant, a supplementary report shall be submitted to the people's court within 10 days from the date of the property change. If he refuses or makes a false report, the people's court may, according to the seriousness of the case, impose a fine or detention on the person subjected to execution, the principal responsible person of the relevant unit or the person directly responsible. 3. Obligation to accept inquiries from people's courts. The person subjected to execution or the legal representative or person in charge of the person subjected to execution shall go to the people's court for questioning. If he fails to be present after two summonses, the people's court may summon him. 4. Accept the obligations of the people's court according to law. Must be in accordance with the requirements of the people's court, unconditionally cooperate with and accept the people's court for compulsory execution according to law, and refuse to cooperate, the people's court may, according to the seriousness of the case, impose a fine or detention on the person subjected to execution, the principal responsible person of the relevant unit or the person directly responsible. 5. Undertake the obligations related to the implementation costs. If the person subjected to execution fails to perform his obligations, he shall bear the application execution fee and the actual expenses incurred in executing the case; If the person subjected to execution fails to perform the act specified in the judgment, ruling or other legal documents according to the notice of execution, the people's court may enforce it or entrust the relevant unit or other person to complete it, and the expenses shall be borne by the person subjected to execution. Responsibility prompt: 1. In any of the following circumstances, the people's court may impose a fine or detention in accordance with the provisions of the Civil Procedure Law; If the case constitutes a crime, it shall be handed over to the relevant authorities for criminal responsibility. (1) Hiding, transferring, selling off or damaging the property that has been sealed up, detained or counted, ordered to be kept or guaranteed by the people's court; (2) Transferring frozen property; (3) Hiding, transferring, selling off or destroying property after the legal document takes effect, which makes it impossible for the people's court to enforce it; (4) Deliberately tearing up the execution announcement and seal of the people's court; (five) obstructing the people's court from searching according to law; (6) Obstructing or resisting execution by violence, threat or other means; (seven) making trouble and impacting the execution site; (8) Insulting, slandering, framing, besieging, threatening, beating or retaliating against the enforcement personnel of the people's court; (9) Damaging or robbing the data of execution cases, vehicles for execution of official duties, other execution equipment, clothing for execution personnel and certificates for execution of official duties; (10) After the execution of the case, it interferes with the subject matter to be executed; (1 1) refusing to execute the legally effective judgment, ruling, conciliation statement or payment order of the people's court. If the person subjected to execution is a unit, the main person in charge or the person directly responsible may be fined or detained, and if the case constitutes a crime, it shall be handed over to the relevant authorities for criminal responsibility. 2. If the person subjected to execution commits any of the following acts, he shall be investigated for criminal responsibility: (1) If the judgment or ruling of the people's court is capable of execution, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine in accordance with Article 3 13 of the Criminal Law. "If the circumstances are serious, it means that the person subjected to execution conceals, transfers, intentionally damages or transfers the property for free, or transfers the property at an obviously unreasonable low price, which makes the judgment or ruling impossible to execute; 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. (2) Whoever conceals, transfers, sells off or intentionally damages the property that has been sealed up, detained or frozen by the judicial organs, if the circumstances are serious, may be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine according to Article 3 14 of the Criminal Law. 3. If the payment obligations stipulated in the effective legal documents are not fulfilled within the time limit stipulated in the implementation notice, our hospital may take measures to limit high consumption according to law. The behavior of the person subjected to execution who consumes in violation of the order restricting high consumption belongs to the behavior of refusing to perform the legally effective judgment or ruling of the people's court. If it is verified, it shall be detained and fined in accordance with the provisions of the Civil Procedure Law of People's Republic of China (PRC). If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law. 4. According to the provisions of Article 1 of the Supreme People's Court's Several Provisions on Publishing the Information of the List of Executed Persons with Bad Faith, if the executed person has the ability to perform but fails to perform the obligations specified in the effective legal documents, and has one of the following circumstances, the court shall include him in the list of executed persons with bad faith according to law and punish him with credit: (1) Obstructing or resisting execution by forging evidence, violence, threats, etc. ; (2) evading execution by means of false litigation, false arbitration or concealing or transferring property; (3) Violating the property reporting system; (4) Violating the order of restricting high consumption; (five) the person subjected to execution refuses to perform the execution settlement agreement without justifiable reasons; (six) other people who have the ability to perform and refuse to perform the obligations specified in the effective legal documents. If the person subjected to execution is a natural person and can't prove that he is a five-guarantee provider or a low-income object, he will be included in the list of people who have lost their trust; If the person subjected to execution is a legal person or other organization, as long as the property is not declared or the declaration is false, it will be included in the list of people subjected to dishonesty. Those who are included in the list of people who have lost their trust will be punished as follows: 1. Enter the information of the untrustworthy executors into the list of untrustworthy executors in the Supreme People's Court and release it to the society; 2. It is forbidden for the person who is untrustworthy to buy air tickets and train soft sleepers; 3. Enter the information of the person who has lost his trust into the credit information system of the People's Bank of China; 4. Restrict loans and personal credit cards for those who are untrustworthy; 5. It is forbidden to apply for a passport or other exit documents according to law; 6. The person subject to breach of trust shall not be approved as the legal representative of the company and the enterprise without the qualification of corporate legal person; 7. It is forbidden for the person who is untrustworthy to carry out land-related expropriation, bidding and transferee; 8. It is forbidden for the person who is untrustworthy to handle the examination and approval, approval and filing of fixed assets investment and construction projects; 9. Do not accept the declaration of new construction project planning matters by the person who has lost his trust, and restrict him from going through the formalities of examination and approval of construction land planning permit, construction project planning permit (rural construction planning permit) and planning scheme; 10. Record the person subject to breach of trust in the bad credit information database of market entities, and prohibit him from participating in all kinds of public resources trading activities of government, state-owned and collective nature; 1 1. After winning the bid for a construction project, before signing a construction contract, the untrustworthy person shall be disqualified from winning the bid and prohibited from undertaking professional subcontracting and labor subcontracting related to the project; 12. Restrict the person subject to breach of trust from entering the Hefei construction market and serve as the project manager of the construction unit or the project director of the supervision unit; 13, in newspapers, Internet and other media to announce the implementation of the exposure of the untrustworthy enforced person; 14, the honorary title of "civilized unit" shall not be awarded to the person who has lost his trust; 15. The person who has been executed for breach of trust shall not be nominated as a party representative, NPC deputy or CPPCC member. The above is the whole content of the model. I hope that everyone can be cautious when facing related problems, and don't violate the boundaries of the law and harm their legitimate rights and interests. The law is objective: Article 2 of the Criminal Procedure Law The task of the Criminal Procedure Law of People's Republic of China (PRC) is to ensure accurate and timely identification of criminal facts, correct application of laws, punishment of criminals, protection of innocent people from criminal investigation, and education of citizens to consciously abide by the law. Actively fight against criminal acts, safeguard the socialist legal system, respect and protect human rights, protect citizens' personal rights, property rights, democratic rights and other rights, and ensure the smooth progress of socialist construction.