1. According to the Criminal Law, whoever refuses 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. However, the circumstances are serious and demanding. Many Lao lai didn't resist at all, but lied about planning to transfer property in advance, and there was no way to start.
Two, the "Civil Procedure Law" stipulates the usual methods and means of people's court execution:
1. Inquire, freeze and transfer the deposit of the executed person.
2. Detain and withdraw the income of the respondent.
3. Seal up, detain, auction or sell off the property of the person subjected to execution.
4. Search the hidden property of the respondent.
5. Forcing the respondent to move out of the house or withdraw from the land.
6. Enforce the acts specified in legal documents (such as apologizing)
7. During the period of delay in performance, it is mandatory to pay double interest on debts and pay overdue funds.
8. Compulsory transfer procedures for relevant property certificates.
Although there are many coercive measures, they are pale and powerless in reality, such as owing money and not paying it back; Ole has transferred the ownership, and the applicant has no way or right to inquire. The executive judge only inquires on the system. Instead of further investigation, he asked the applicant to provide property information, and soon the court would issue a notice of termination of execution. At most, the court put Lao Lai on the list of dishonesty, restricted flights and trains, and could not crack down on Lao Lai.
Lao Lai refers to a debtor who has the ability to repay due debts and deliberately delays or refuses to perform them.
Behavior: Ability to refuse to perform, obstruct or resist execution by violence or threats, conceal property transfer by false litigation, violate property reporting system, and restrict high consumption orders.
Punish Lao Lai: restrict related behaviors, detain, fine and bear criminal responsibility.
I. Behavior restriction 1. Property declaration system. If the person subjected to execution fails to perform his legal obligations, the people's court may require the person subjected to execution to report his property, including cash income, bank deposits, movable and immovable property, dividends, rent, etc.
2. Be included in the list of people who have lost their trust. Publish name, gender, age, ID number, etc. in public, newspapers, TV media and other platforms. Make it public.
3. Orders to limit high consumption. If the effective judgment is not automatically fulfilled, it may limit high consumption. Those who are included in the person who has lost his trust shall be ordered to limit high consumption.
If high consumption is restricted, it is forbidden to take the second-class seat or above of public transport by plane, to buy bulk movable property and real estate, to stay in star-rated hotels, and to prohibit children from attending private schools.
2. judicial custody or the person subjected to execution may also be fined and detained for concealing property or refusing to perform the court judgment and violating the high consumption restriction order and the property reporting system.
20 17 10, an old man in Guangzhou failed to fulfill his judgment obligation for a long time, but spent a huge sum of money on a luxurious wedding banquet in Guang Zhouta, the "waist of the villain". The executed person, Han, was dressed in gold and silver, and the scene was grand.
Guangzhou Yuexiu District Court took decisive measures to detain Lao Lai's bride on the second day of the wedding.
Three. Criminal responsibility 1. Crime of obstructing official duties. Whoever obstructs state functionaries from performing their duties according to law by violence or threats shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or a fine.
2. The crime of refusing to perform the judgment or ruling of the court. Those who refuse to execute the judgments or orders of the people's courts and are able to do so may be sentenced to fixed-term imprisonment, public surveillance or criminal detention, depending on the seriousness of the case.
Ding Mou, an individual industrial and commercial household in Quanzhou City, Fujian Province, owed 426,000 yuan to the stationer, refused to execute the court decision and transferred the property. 10 year 10 was sentenced to five months' criminal detention by Jinjiang court in Quanzhou on October 26th.
In any case, if you don't pay your debts, you can't help but take the train and plane. Should go to jail, owe 30 thousand a year, and so on. Like foreign countries, there are hundreds of years of imprisonment until the father dies and the child dies, and the children and grandchildren return.
Lao Lai must be sentenced.
Lao lai, who is in debt, should be severely punished and let them have nothing to hide. As long as the identity card is used in China, it is forbidden to use it. Children are prohibited from entering universities and working in formal units. Children can't go to the civil affairs bureau to get a marriage certificate, restrict all means of transportation, and can't get formal national documents. Some of them will be revoked. Immediate family members are prohibited from lending and handling credit cards of major banks, and all those who handle them will be frozen. Those who do not pay back the money shall be sentenced according to the amount of money. You have broken your promise, why give it a chance?
I can tell you for sure, nothing, because this is a civil case, not a criminal case. It means that you can stay in judicial custody for 30 days, with 15 days in the first half of the year and 15 days at most in the second half, but there are preconditions for judicial custody. First of all, you must provide Lao Lai's position to the court. If you can't find Lao Lai, you can't be detained. The second must be during the day from Monday to Friday, and don't go to the police after work at night. Now many Lao Lai don't take judicial custody seriously, and it doesn't matter if they go in 15 days. Many people are the same. If they win the lawsuit, they won't come back. Lao Lai is at large, and the creditors are exhausted. Now Guangdong has issued regulations on Lao Lai, but I don't know when it will be promoted nationwide. Lao Lai is a group of hateful and shameful people. This group of people has seriously polluted the trust of the whole society and made many people feel confused. Private lending is the product of the progress of the times. Not everyone can get a loan when they go to the bank. When they meet an emergency, they often borrow money from relatives and friends. Go to the bank to fill out the form for approval, and I'm not sure if I can get a loan. When to come down is uncertain. However, the emergence of such people makes private lending complicated. So I hope this kind of person can be punished accordingly.
If the implementation is not in place, the responsibility should be investigated.
I think Lao Lai should be punished, sentenced to criminal law for more than three years and less than ten years, and fined.
Lao Lai, who does not execute the judgment of the court, can enjoy the following welfare benefits according to the existing laws:
1, ordered to go to the executive board for tea. Declare one's own property and fulfill the obligations determined by the judgment.
2. Those who fail to declare their property or perform the obligations determined by the judgment shall be detained and fined by the Executive Board.
3. Those who still fail to act after being detained and fined will be blacklisted by the Supreme People's Court, and high consumption will be restricted.
4. All bank accounts, Alipay accounts, WeChat accounts and real estate accounts of my ID card are frozen and monitored, and real estate, vehicles and stocks are queried and controlled.
5. If the executive board still plays missing after issuing the detention certificate, the public security organ shall conduct network monitoring in accordance with relevant agreements.
6. If the circumstances of refusing to execute the judgment or ruling are serious, the Executive Board shall transfer it to the public security organ for criminal investigation and investigate the criminal responsibility of refusing to execute the judgment or ruling; Or apply for the executor to file a criminal private prosecution with the court.
In a case handled by the author, Jimo (originally from Yishui) Lao Lai Wu Mou refused to perform after a court decision because of a traffic accident that caused one death and one first-degree disability. It has been included in the blacklist of people who have lost their trust and restricted high consumption. I have seen this Lao Lai several times when I was investigating his whereabouts. He is wearing a big mask and sneaking around like a thief. Such a life, without shortening his life span by ten years, is estimated to be abnormal. Although it can last for a while, can it last for a lifetime? The next step waiting for the old man will be to investigate the criminal responsibility for refusing to commit a crime.
1, become a person who has lost trust. According to Article 1 of the Provisions of the Supreme People's Court Municipality on Publishing the Information of the List of Executed Persons with Dishonesty (Law Interpretation [2013]17), if the executed person has the ability to perform but fails to perform the obligations specified in the effective legal documents, and has any of the following circumstances, the people's court shall include him in the list of executed persons with dishonesty and impose credit punishment on him according to law:
2. Limit consumption. According to Article 3 of the Provisions of the Supreme People's Court Municipality on Restricting the High Consumption and Related Consumption of the Executed Person (Fa Shi [20 15] 17), if the executed person is a natural person, he shall not engage in the following high consumption and consumption behaviors that are not necessary for life and work after taking measures to restrict consumption:
3. Restrict exports.
According to Article 23 of the Law on the Entry and Exit of Foreigners in People's Republic of China (PRC) and Article 8 of the Law on the Entry and Exit of Foreigners in People's Republic of China (PRC), if foreigners and China citizens have unresolved civil and commercial cases, the people's court may decide on measures to restrict them from leaving the mainland.
4. judicial custody.
The court may take judicial custody measures against the person subjected to execution, and the detention period shall not exceed fifteen days.
5. The crime of refusing to execute a judgment or ruling.
The crime of refusing to execute a judgment or ruling refers to the act of refusing to execute a judgment or ruling of a people's court if the circumstances are serious. The punishment is fixed-term imprisonment, criminal detention or fine.
In practice, some courts have also taken enforcement measures, such as marking Lao Lai's number on the APP, enforcing the huge amount of property for minor children with unknown sources, forcibly auctioning the mobile phone number of the executed person, enforcing the pension of the executed person, announcing the provision of property clues, and restricting online payment tools and credits such as Alipay and Sesame Credit. With the development of science and technology, it is believed that the measures against the executed person will be more severe and effective.