Circulating socially a such views, "The court cannot is opposite successive and applicable judicatory detains person be executived, can detain one year twice only at most. " regular meeting of classics of person be executived with the court successive judicatory is detained break the law for put forward to carry out demur, application carries out a person to often also can refer pertinent question to the court.
If you think so, so off base! To be being carried out person, can detain 27 times at most, next, is letting us read view law how set?
" top people court about applicable < code of civil law of People's Republic of China > explain " the 184th regulation: "The amerce to action of same and obstructive civil suit, detain must not successive and applicable. Produce act of new obstructive and civil suit, people court can give afresh amerce, detain. People court can give afresh amerce, detain..
▌ looks from legislation
The amerce to same and obstructive behavior, detain, must not successive and applicable we think to want to understand from the following respects:
1, same and obstructive behavior makes amerce, after detaining a decision, must not accept fine with this behavior again, detain;
2, applicable amerce, after detaining, behavior person carried out new obstructive act again, of the obstructive action that includes congener, same property, but again applicable amerce, detain. But the obstructive behavior of behavior person belongs to inactive behavior, show continuously the except of condition, obligation of the nonperformance that be like refus or refus do not sign an undertaking the; such as be repentant
3, same and obstructive behavior involves many cases and in same court, OK and different case parts applicable amerce, detain, this kind of case is not belonged to those who detain is successive and amerce, applicable, but amerce, detain ought to carry out respectively. Many cases involve different court, can get in touch with relevant court, right person be executived for many times applicable amerce, detain, penalize in order to increase strength.
Basis " code of civil law of People's Republic of China " reach its explanation, " top people court is carried out about limitation a certain number of regulations of person high spending " wait for concerned regulation, action of common obstructive and civil suit namely judicatory detains common case to have the following 27 kinds (the case that cites an extreme: If be carried out,the person was carried out the following 27 kinds of behavior, the court can carry out judicatory 27 times to detain to its at least, every time word of 15 days, it is 13.5 months, catch up with a set term of imprisonment)
▌ is obstructive carry out kind
? Forge, destroy significant evidence, cloggy people court tries the; of the case
? Prevent witness attest to perhaps be incited with method of violent, minatory, buy over, the; that buy over, threatening other forswears
? Conceal, move, sell off, damage already was closed down, sequestered belongings, already perhaps was instructed by check the amount its custodial belongings, transfer already by the; of frozen belongings
? Join the person that person of produce the expected result of personnel of person, witness, interpreter, appraiser, survey, assistance executes to judicatory staff member, lawsuit, undertake the affront, calumniatory, frame a case against, ; that beat up or hits retaliation
? Carry out a post with staff member of judicatory of block up of violent, minatory other perhaps method.
▌ refus does not report kind
Person be executived did not report, reject to report or report phonily of belongings circumstance.
▌ is defied carry out kind
? Fool in people court be troubled by, stop, do not comply with the; that judicatory staff member dissuades
? Copy clerk of law of court of people of intended damage, loot, close down the; of the mark
? Fool be troubled by, the; that pounds executive official business to the spot, besiege, distrain is carried out or help staff of executive official business
? Damage, loot, detain case material, executive official business dress of personnel of appliance of car, other executive official business, executive official business and the; that carry out official certificate
? Inquire with staff member of judicatory of block up of violent, minatory other perhaps method, close down, sequestered, freeze, the transfer, auction, ; that sells off belongings
? The other action that carries out a post with staff member of judicatory of block up of violent, minatory other perhaps method.
? Refus not card of the property that consign law copy clerk specifies delivery, ticket or refus not change goes a building, exit land, cause the; that court decision, ruling cannot carry out
▌ refus nonperformance kind
? Conceal after legal copy clerk produces legal effectiveness, move, sell off, damage belongings or free transfers property, trade with apparently unreasonable price belongings, abandon expiring creditor's rights, free is offerred for other assure etc, cause the; that the courtyard cannot implement people law
? Conceal, the; that move, damage perhaps allows punish to already offerred the property that assure to people court without people court
? Have fulfill ability and the compulsory; that refus does not carry out an announcement to fulfill copy clerk of become effective law to decide according to people court
? After the individual that accountability assistance carries out receives people court to assist executive advice note, refus is not assisted those who carry out.
▌ high spending kind
? When taking vehicle, soft sleeper of choice plane, train, ship is second-class; of above cabin seat or berth
? High spending; undertakes in the place such as field of guesthouse of astral class above, hotel, nightclub, golf
? Buy praedial perhaps build, extend, high-grade decorate building;
? Rent the spatial office; such as high-grade office building, guesthouse, apartment
? Buy blame manage must car;
? Travel, go vacationing;
? Children is read tall collect fees private school;
? Pay high specified number to buy; of product of insurance manage money matters
? By from train of group of motor-car of G word head the other blame life such as first-class above seat mixes train of group of whole place, other motor-car the consumptive action with required work.
