Accord with two conditions, private prosecution also can find out refus hold blame;
Below 8 kinds of case, "Laolai " form refus hold blame;
The unit is person be executived, minister of its president finance affairs will be restricted high spending...
Shanxi saves senior people court to hold a press conference, unscramble the supreme court newest those who promulgate about hitting refus hold the window content that judicatory of high spending of blame, limitation explains, announce 3 combination begin public security organs since 2014 blow refus hold the crime such as the blame is special mobile achievement, in the meantime, announce 10 typical case that defy executive crime to the society.
Top magic art will be released on July 20 " do not carry out case of criminal of court decision, ruling about trying refus applicable law the explanation of a certain number of problems " and " about revising < top people court is carried out about limitation the person is tall a certain number of regulations of consumption > .
To this, executive bureau of province tall courtyard carries out Bin of Guo of front courtyard presiding judge to express, refus hold a when judicatory explanation provides the pain major change, be by the past onefold make find out refus through public prosecution program hold blame, the double track that changeover can find out for public prosecution program and private prosecution program is made. Such doing, basically be to raise blow refus hold the strength of the blame, widen blow refus hold the channel of the blame.
Save tall courtyard to concern chief introduction, this one regulation strengthened protection to the applicant's right, be carried out previously when person refus is not carried out, applicant can public prosecution. When public prosecution, if public security and procuratorate think to be carried out,the person's behavior does not make crime, and application carries out a person to think to make crime, how to do? This new rule is clear, can let an applicant come private prosecution.So, satisfy what requirement, can you find out refus with private prosecution program hold blame? Save tall courtyard to express about chief, private prosecution person should have evidence to prove to accord with the following two conditions: The first, the person refus that has executive obligation does not carry out court decision, ruling, enroach on oneself person right, property right ought to investigate criminal duty lawfully. The 2nd, application carries out a person to once raised charge, and the person that public security mechanism and people procuratorate execute obligation to having does not grant to investigate criminal duty, the court thinks to accord with condition of put on record to give put on record. According to introducing, find out refus through private prosecution program hold blame, can apply for put on record to the court of first instance that adjudicates this case.
8 kinds of case form refus hold blame" criminal law " regulation, the court decision to people court, ruling is capable to carry out and refus is not carried out, the clue is serious, handle battle of 3 years of the following set term of imprisonments, arrest or fine. But, "The clue is serious " the provision is not specific, bad in practice to operate, cause public security organs to dispute over trifles phenomenon. Guo Bin introduces, this explanation of administration of justice of top magic art undertook making clear to this, form refus clearly namely hold 8 kinds of case of the blame. Specific for, have the person of executive obligation, capable to carry out and carry out one of following behavior, ought to maintain for the Standing Committee of the National People's Congress about criminal law set in the 313rd explanation " other capable to carry out and refus is not carried out, the case with severe clue " :
- Have reject to report or report phonily belongings circumstance, disobey people court to restrict high spending to reach concerned consumption to make wait for refus not to carry out behavior, after waiting for coercive measures via adopting amerce to perhaps be detained still refus does not carry out;
- Forge, the significant evidence that destruction fulfills ability about person be executived, prevent other attest to perhaps be incited with method of violent, minatory, buy over, buy over, threatening other forswears, cloggy people court proves case of belongings of person be executived, cause court decision, ruling to cannot be carried out;
- Refus not card of the property that consign law copy clerk specifies delivery, ticket or refus not change goes a building, exit land, cause court decision, ruling to cannot be carried out;
- Collude with with other, through false suit, false arbitration, false reconcile wait for means to impare carry out, cause court decision, ruling to cannot be carried out;
- The member that execute a person with block up of violent, minatory method enters executive spot to perhaps gather a crowd fool be troubled by, concussion carries out the spot, cause executive job to cannot undertake;
- Undertake contemptuous to carrying out personnel, besiege, sequestered, beat up, cause executive job to cannot undertake;
- Car of material of executive case of damage, loot, executive official business and dress of other executive appliance, executive personnel and certificate of executive official business, cause executive job to cannot undertake;
- Refus does not carry out forensic court decision, ruling, cause creditor to suffer great losing.
