1. According to Article 313th of the Criminal Law of People's Republic of China (PRC)? [Crime of refusing to execute a judgment or ruling]:
Refusing to execute the judgment or ruling of the 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; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
2. According to Article 313th of the Criminal Law of People's Republic of China (PRC) [refusing to execute the judgment or ruling, if the circumstances are serious]:
After the people's court enters the compulsory execution procedure, it shall be punished in accordance with the provisions of the preceding paragraph, and the people's court may directly refuse to execute the judgment; The application for compulsory execution can be filled in on the spot when the people's court applies for filing a case.
If the person subjected to execution has the ability to execute and refuses to execute, the people's court shall directly file a case and impose a fixed-term imprisonment of not more than three years, conviction and punishment on the party concerned within a specified time limit.
Extended data:
Failure to implement the compulsory measures that may be taken by the court:
1. Inquire, freeze and transfer the deposit of the executed person.
Article 22 1 of the Civil Procedure Law stipulates that if the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to inquire about the deposits of the person subjected to execution from banks, credit cooperatives and other units with savings business.
Have the right to freeze and transfer the deposit of the person subjected to execution. However, the inquiry, freezing and transfer of deposits shall not exceed the scope of obligations that the person subjected to execution shall perform. The people's court shall inquire the bank and credit cooperative about the deposit of the person subjected to execution, including the account number.
Account, current account and deposit balance. Freezing means that the people's court prohibits the bank deposit of the person subjected to execution from being withdrawn or transferred in order to guarantee the realization of the rights confirmed by legal documents. Transfer is a measure to transfer the deposit of the executed person in the bank to the creditor.
2. Seizure and withdrawal of the income of the person subjected to execution.
According to the relevant provisions of Article 222 of the Civil Procedure Law, if the person subjected to execution fails to perform the obligations specified in the legal documents according to the notice of execution, the people's court has the right to detain and withdraw the income from which the person subjected to execution should perform his obligations.
However, the necessary living expenses of the person subjected to execution and his dependents shall be retained. The people's court has the right to detain the wages, bonuses, deposits, securities and other lawful income of the person subjected to execution and hand them over to the creditors.
The relevant units shall implement the notice in accordance with the requirements of the people's court. Have the obligation to assist in extracting the detained part from the income of the person subjected to execution and hand it over to the people's court or the obligee. These Measures shall apply to the execution of citizens' personal money.
3. Seal up, detain, freeze, merge and auction the property of the person subjected to execution.
According to the relevant provisions of Article 223 of the Civil Procedure Law, the people's court has the right to seal up, detain, freeze, auction or sell off the property of the person subjected to execution who fails to fulfill the obligations specified in the legal documents according to the notice of execution.
However, the necessities of life of family members raised by the person subjected to execution shall be retained. These Measures shall apply to the execution of tangible property of citizens, legal persons or other organizations.
Seizure is a temporary measure. The property of the person subjected to execution shall be sealed up by the people's court and sealed up on the spot. No one may use, transfer or dispose of it. ?
Seizure is a temporary measure to send the property of the person subjected to execution to the place designated by the people's court or keep it in place, and it is forbidden for anyone to use, dispose of or transfer it.
Sealing up or distraining does not change the ownership of the property, but its purpose is to urge the person subjected to execution to perform his obligations within the time limit specified by the people's court, and the person subjected to execution fails to perform within the time limit.
The people's court may, in accordance with the law, hand over the seized or detained property to the relevant units for auction or sale. Selling means that the property of the person subjected to execution is forcibly sold or purchased by shops and other departments, and the proceeds are used to repay the obligee.
Auction means that the people's court lets the buyer win the sealed-up or detained property in an open way, determines the buying and selling relationship, and returns the cash obtained to the obligee.
Auction is a fair and reasonable way to realize property exchange. Articles that are forbidden to be bought and sold freely by the state should be bought by the relevant departments at the national price, that is, neither auction nor sale is applicable.
4. search.
According to the relevant provisions of Article 227 of the Civil Procedure Law, if the person subjected to execution fails to perform the obligations specified in legal documents and conceals property, the people's court has the right to issue a search warrant to search the person subjected to execution and his residence or property in a hidden place.
Brave search is the most severe measure in civil execution, aiming at seizing the hidden property of the parties and enabling the effective legal documents to be implemented. Only when the person subjected to execution has no other property to execute can he be searched.
And there is an act of hiding property. If the person subjected to execution has property that can be sealed up and detained, and it is sufficient to fulfill the obligations specified in legal documents, even if the person subjected to execution has hidden the property, the person subjected to execution may not be searched.
5. Forcing the person subjected to execution to deliver the property and tickets determined by legal documents.
According to the relevant provisions of Article 228 of the Civil Procedure Law, the executor of the people's court may summon both parties to deliver the goods in person or the person subjected to execution will deliver the goods on his behalf, and the consignee will sign for it. Those who refuse to hand it over shall be enforced.
6. Forcing the person subjected to execution to move out of the house or withdraw from the land.
These Measures shall apply to the sale of houses, the dissolution of house lease, disputes over homestead and land use.
7. Forcing the person subjected to execution to complete the act determined by legal documents.
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 others to complete it.
The expenses shall be borne by the person subjected to execution, but no personal coercion shall be imposed on the person subjected to execution. For example, if the legal documents of marriage cases stipulate that the person subjected to execution changes or gives up custody of the children, he cannot directly execute the act of delivering the children, and other execution methods can be adopted.
8. Forcing the person subjected to execution to pay overdue payment or debt interest during overdue performance.
According to Article 232 of the Civil Procedure Law, the person subjected to execution fails to perform the obligation to pay money within the period specified in the judgment or other legal documents.
Interest on the debt during the period of delay in performance is doubled. If the person subjected to execution fails to perform other obligations within the period specified in the judgment, ruling or other legal documents, he shall pay the delay in performance.
The late payment fee or debt interest during the period of delay in performance shall be performed by the person subjected to execution when performing the obligations specified in the legal documents. If the person subjected to execution refuses to perform, it shall be enforced.
9. Continue to implement.
According to the provisions of the Civil Procedure Law, after the people's court takes the above-mentioned enforcement measures, if the person subjected to execution is still unable to repay his debts, he shall continue to perform his obligations.
There are two situations that are not applicable to continue execution:
(1) As an executed enterprise as a legal person, it is declared bankrupt to pay off its debts, and the outstanding debts will not be paid off.
(2) The people's court shall make a ruling to terminate the execution of a citizen who has lost the ability to work and has no source of livelihood.
Basic information:
June 5438+October 2008 10, Mo Moumou fell while working in the gangue hill of the defendant Han Moumou, and was identified as a second-class disability. In September 2009, Mo Moumou sued Han Moumou in the people's court.
On September 20 10, the people's court made a final judgment. Han Moumou compensated Mo Moumou for medical expenses, lost time and other expenses totaling more than 582,000 yuan.
After the judgment came into effect, Han did not take the initiative to perform, and Mo applied to the people's court for enforcement. 20 12 In August, Mo Moumou and Han Moumou voluntarily reached an execution settlement agreement, stipulating that Han Moumou would pay Mo Moumou 200,000 yuan in four installments within two years.
Mo Moumou gave up the remaining principal and all interest. 2012165438+1At the end of October, after Korea paid Mo Moumou 65438+ten thousand yuan as agreed, it has not been fulfilled as agreed. 20 14 12. Mo Moumou applied to the people's court to resume execution.
Ask Han to fulfill the judgment of the people's court that originally tried. The court found through trial that from July 20 13 to February 20 14, Han successively withdrew 70,000 yuan from the bank, but none of it was used to compensate Mo Mou, but was used for high consumption such as air travel.
The people's court held that the defendant Han used the proceeds for other consumption and refused to perform the settlement agreement. As a result, the applicant failed to obtain compensation, and the circumstances were serious, and his behavior constituted a crime of refusing to execute the judgment.
Therefore, a criminal judgment was made in September 2065438+2005, and the defendant Han Moumou was sentenced to one year and six months in prison for refusing to execute the judgment. After the verdict was pronounced, the defendant Han Moumou did not appeal, and the judgment has taken legal effect.
Baidu Encyclopedia-People's Republic of China (PRC) and China Criminal Law