Article 105 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that "summoning, fines and detention must be approved by the president. A subpoena should be issued. "
Article 110 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that "participants in litigation and others shall abide by the rules of the court. The people's court may admonish a person who violates the rules of the court, order him to leave the court or impose a fine or detention. "
Article 209 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that "execution shall be carried out by the executive. When taking enforcement measures, the enforcement personnel shall produce their certificates. After the execution is completed, an execution record shall be made and signed or sealed by the relevant personnel present. "
Extended data:
If you have money, you refuse to carry out the court decision. The boss was sentenced by judicial custody.
There have been more than 30,000 yuan in personal bank accounts for many times, but they refused to repay the arrears of more than 290,000 yuan that the court has ruled that they should pay.
Recently, the People's Court of chongzhou city, Sichuan Province sentenced Xue Mou, the owner of a chemical plant in Chengdu, to eight months' imprisonment for refusing to execute the judgment or ruling. During the trial of the case, his wife has voluntarily repaid the arrears of 654.38 million yuan, and reached a repayment agreement on the remaining arrears, which has also been understood by the applicant.
A chemical plant is a sole proprietorship enterprise invested by the defendant Xue. 20 12, 10 In June, Chongzhou court made a first-instance judgment on the case of a material company v. a chemical plant, and ordered the chemical plant to pay 290,896.7 yuan after the judgment came into effect 10 June.
After the verdict was pronounced, the defendant Xue did not appeal and did not fulfill his obligation to pay. After the material company applied for compulsory execution, Xue was administratively detained by the hospital in May last year for refusing to perform the above debts 14 days. However, he still didn't want to repent. During the execution of the case, more than 30,000 yuan of funds entered his personal bank account many times, and he refused to execute it on the grounds that he had the ability to perform. Last June 165438+ 10, Xue was detained and arrested.
The court held that the defendant Xue was obliged to execute the court's judgment and refused to do so. According to the relevant regulations, the above-mentioned behavior has the ability to execute and refuses to execute. If the circumstances are serious, it constitutes a crime of refusing to execute the judgment or ruling. Considering that he confessed the facts of the crime truthfully after being brought to justice, he has a frank plot; His relatives paid part of the execution money on his behalf and reached a payment agreement to obtain the understanding of the creditors, so the above judgment was made according to law.
Baidu Encyclopedia: Judicial Detention
Public trust. Com: If you have money, you refuse to carry out the court decision. The boss was sentenced by judicial custody.