1. According to the Civil Procedure Law of People's Republic of China (PRC), it is stipulated as follows:
Article 1 1 1? If a litigant participant or other person commits one of the following acts, the people's court may impose a fine or detention according to the seriousness of the case; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Forging or destroying important evidence, which hinders the people's court from hearing a case;
(2) using violence, threats or bribes to prevent witnesses from testifying or instigating, bribing or coercing others to commit perjury;
(3) Hiding, transferring, selling off or destroying the property that has been sealed up or detained, or transferring the property that has been counted and ordered to be kept;
(4) Insulting, slandering, framing, beating or retaliating against judicial personnel, participants in litigation, witnesses, translators, expert witnesses, inspectors and assisting executors;
(5) Obstructing judicial personnel from performing their duties by violence, threat or other means;
(6) Refusing to perform a legally effective judgment or ruling of the people's court.
The people's court may impose a fine or detention on a unit that commits one of the acts listed in the preceding paragraph; If a crime is constituted, criminal responsibility shall be investigated according to law.
2. According to the Criminal Law of People's Republic of China (PRC), it is stipulated as follows:
Article 313 Whoever refuses to execute the judgment or ruling of a people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine.
Extended data
Reporter Pan Congwu correspondent Liu Dan Recently, the executor Wang was frozen by the Korla Railway Transport Court in Xinjiang for more than 80,000 yuan of housing provident fund.
20 14 Wang was sued by several parties to the Korla Railway Transport Court for a dispute over private lending, with a target of more than 400,000 yuan. After the court's decision, Wang refused to execute it, and the parties applied to the court executive board for compulsory execution.
The court found that Wang's salary had been frozen by the court and deducted monthly because he owed money. Except for more than 80,000 yuan in the account of his housing provident fund management center, no other executable property was found.
Therefore, the court issued a notice of assistance in execution and a ruling to the housing provident fund management center, freezing the housing provident fund of the executed person Wang by more than 80,000 yuan according to law.
The judge of the court believes that whether the housing provident fund can be enforced is not clearly stipulated in the existing laws of our country, but according to the precedent, the citizens' housing provident fund conforms to the scope of the property applied for enforcement and belongs to the executable property.
The reasons are as follows: Housing provident fund belongs to employees' personal property. Article 3 of the Regulations on the Management of Housing Provident Fund stipulates that the housing provident fund paid by employees and the housing provident fund paid by the employees' units belong to employees, which means that housing provident fund is part of employees' wages, and employees have full ownership over it, but the right to dispose of it is limited, but the use of housing provident fund is limited to employees themselves and cannot resist court enforcement; Housing accumulation fund does not belong to the scope of property that can be exempted from execution, and citizens must bear unlimited liability for their civil actions with personal property, unless the law clearly stipulates that in order to protect the basic life of the executed person, they can claim to be exempted from part of the property, but the scope of property that can be exempted is limited to the property clearly stipulated by law.
The system of exemption from execution is designed to protect the basic life safety of the executed person and safeguard the public interest. The system of immunity from execution in China is implied in the Civil Procedure Law and the Provisions of the Supreme People's Court on the Attachment, Seizure and Freezing of Property in Civil Execution. The above-mentioned laws and judicial interpretations do not stipulate that the person subjected to execution can claim to be exempted from his housing provident fund. Compulsory execution under certain conditions does not violate the purpose of the state to set up housing provident fund, and does not infringe on the basic living security of the executed person.
Therefore, the housing accumulation fund can be enforced under certain conditions, which are based on the premise of not violating the purpose of establishment, not harming the public interests, and not infringing on the basic living security of the executed person.
China People's Congress Network-People's Republic of China (PRC) Civil Procedure Law
The Supreme People's Procuratorate-People's Republic of China (PRC) criminal law
People's Network-If you owe money, the court will freeze its housing provident fund.