1. It is necessary to distinguish whether the person has the ability and deliberately avoids execution, or whether he really has no property. 2. If the execution is really without property, the crime of refusing to execute the judgment or ruling (Article 313), which does not apply to the criminal law, will be punished by detention for not less than five days but not more than ten days. Nor does it apply to judicial custody.
3. Administrative detention, judicial detention or punishment can only be executed if you have the ability to execute it but refuse to execute it. The legal basis for administrative detention is the Regulations on Public Security Administration Punishments. The legal basis for criminal detention is the Criminal Procedure Law. The legal basis for judicial detention is the Civil Procedure Law.
4. Judicial detention is a compulsory measure taken by the people's court to restrict the personal freedom of a person who disrupts the order of civil proceedings or disrupts the court order in a criminal trial, the circumstances are serious, and the person has not yet violated the criminal law. The period of detention shall be not less than one day but not more than fifteen days. Detention measures must be applied only to a very small number of persons who would seriously impede civil proceedings. Despite repeated persuasion and education, he still persisted in not changing. The collegial panel or single judge shall submit a decision to the President of the People's Court for review. If you are not satisfied, you can apply for reconsideration once. However, the execution of the decision will not be suspended during the review period.
2. What is the process for applying for enforcement?
Step 1: Application
The parties must fulfill the legally effective civil judgments and rulings and criminal judgments and rulings. If one party refuses to perform, the other party may apply to the People's Court for execution, or the judge may transfer the execution to the person subject to execution.
Step Two: Court Acceptance
If the parties or interested parties believe that the execution violates legal provisions, they may submit written objections to the people's court responsible for execution. If the parties or interested parties submit written objections, the people's court shall conduct a review within 05 days from the date of receipt of the written objections. If the reasons are established, the decision shall be made to cancel or correct; if the reasons are not established, the decision shall be made to reject.
3. What should you pay attention to when applying for compulsory execution?
1. Application for enforcement period
If the person applying for enforcement applies for compulsory execution, he shall submit the application within the statutory period. The period for applying for execution is two years, calculated from the last day of the performance period specified in the legal document.
2. Conditions for implementation of recordation
To apply for compulsory execution by the people's court, the following conditions must be met:
First, submit the application to the court that made the first-instance judgment. According to our country's laws, no matter how many times a case has been tried, execution is under the jurisdiction of the court that made the first-instance judgment. Second, to apply for execution, you need to submit the following documents:
1. To apply for execution, the application must state the basic situation of you and the person subject to execution and the matters requested for execution;
2. The effective legal document used as the basis for execution must have the content of payment, the object of execution and the clear person to be executed;
3. Your identity certificate;
4. As the successor of rights or rights If the successor applies for execution, he shall also submit documents proving the succession of rights or the successor of rights. Third, the person subject to execution fails to perform his obligations within the time limit specified in the effective legal document.
We need to remind you that in order to better protect the legitimate rights and interests of women, children, the elderly, and the interests of the country and society, the effective judgment documents of some cases can be transferred directly from the original court without application. The execution by the enforcement agency mainly includes: effective legal documents concerning the payment of alimony, support, and child support, civil sanction decisions, and criminal and civil judgments, rulings, and mediation documents.
Third, how to write an application execution letter
Applicant: Female, born on October 28, 1XX 65438, Han nationality, from Wuxi County, Chongqing City, currently living in XX, ID card Number:.
Respondent: Male, born on March 26, XX, Han nationality, from Wuxi County, Chongqing City, currently living in XX, ID number:.
Answer:.
Legal representative: Wu, manager of the company.
Application project:
Based on the judgment of (XX) Wu Min Chu Zhinuo. XX. The respondent should pay 69,454 yuan for death compensation, medical fees, nursing fees, food subsidies during hospitalization, nutrition fees and other expenses for enforcement.
Facts and reasons:
On September 13, 2011, your court issued the (2011) Wu Minchu Zi No. 1 Civil Judgment. Due to a dispute over the rights to life, body and health between the applicant and the respondent, XX ruled that the respondent should bear joint liability and pay the applicant within 10 days after the judgment came into effect. Now the judgment has come into effect and the payment deadline has passed, but the respondent refuses to perform its payment obligations in accordance with the judgment. In order to protect their legitimate rights and interests, the applicant applies to your court for compulsory execution in accordance with the provisions of relevant laws.
I hereby convey
Wuxi County People’s Court
Applicant:
Date, Year, Month
The above is the relevant legal content regarding whether execution can be refused. I believe everyone has a certain understanding after reading the above content. Generally speaking, it is impossible to refuse execution because the execution of the judgment should be upheld.