Often bilk refus not to carry out court decision, ruling to be able to be suspected of crime, application carries out a person to be able to ask public security mechanism investigates its criminal duty, but public security mechanism or people procuratorate does not grant to investigate duty of criminal of the accused person, it is OK that application executes a person oneself are sued to the court directly, so, what evidence does the need when are oneself sued gather?
One, the evidential data that collects information of main body of person of proof the accused, include:
1, the accused person is a natural person, ought to collect the census register data that proves information of share of the accused person.
2, the accused person is an unit, ought to collect the industrial and commercial registering data of this unit, and the material such as the identity information of staff of this unit officer or direct responsibility personnel, post.
2, the evidential data that collects a proof to the accused person has executive obligation or assist executive obligation, include:
1, the accused person is person be executived, security, ought to collect assume the copy clerk of become effective judge that fulfils obligation by the accused person (include one, book of 2 careful or rehear judgment, ruling, ruling book conserves before appealing to, lawsuit conserves ruling book, grant to carry out ruling book first, increase, change book of ruling of person be executived to wait) the legal copy clerk such as the executive advice note that reachs people court to be made to carry out copy clerk of become effective judge.
2, the accused assists executive obligor artificially, the other evidence material that the hand that ought to collect court of the copy clerk of judge of relevant become effective that carries out a basis as assistance, people to make carries out advice note and proof to assist obligor to ought to assume assistance to carry out obligation.
3, pay to carrying out your, the case of writ of the intercessory book of become effective, arbitral adjudication, notarial creditor's rights, ought to collect pay your, writ of the intercessory book of become effective, arbitral adjudication, notarial creditor's rights and people court pay to carry out your, writ of the intercessory book of become effective, arbitral adjudication, notarial creditor's rights and the ruling book that make.
The book card in afore-mentioned material ought to collect original, be like what cannot obtain original really, collect carbon or photocopy. The beard on carbon or photocopy makes clear original seat to reach gather a person, build original to be in unit and the unit seal that amass staff.
3, collect person of proof the accused to have the evidential stuff that fulfills ability, include:
1, those who prove person be executived, security has pay off court decision, ruling to decide creditor's rights is all court decision, ruling perhaps is finished during the; of concerned testimony material of one share worth perhaps perhaps can entrust other to decide in court decision, ruling with his behavior certainly. Include:
(1) executive court issue to investigate case of belongings of person be executived, security ransack make reach relevant note;
(2) executive court closes down, sequestered, freeze property of person be executived, security and executive advice note of issued ruling book, assistance and close down announcement, close down, sequestered, congelation tastes detailed list to wait;
(3) the advice note that executive court inquires deposit of person be executived, security, equity to wait and receipt;
(4) executive court inquires the registering circumstance of praedial, car records under one's name of person be executived, security;
(5) basis " code of civil law of People's Republic of China " the 241st regulation, the belongings case that person be executived refers to executive court reports;
(6) executive court is right the relevant law copy clerk that person be executived takes step of chasten of limitative high spending, credence;
(7) public security mechanism is investigated lawfully be carried out what get person, security has the relevant file that fulfills ability, attestation to wait;
(8) other can prove person be executived, security has record of the witness testimony that fulfills ability, file, inquiry to wait.
2, evidence of right of the belongings that the working duty that proves to belong to assistance to carry out obligor, scope of business perhaps assists court decision of executive obligor hold, control, ruling to specify delivery, property is other perhaps the evidential material of article. Include: The relevant and industrial and commercial material that register, relevant orgnaization issued proof document, belongings is closed down, sequestered, freeze or entrust custodial relevant writ, other and relevant note, record of the file that register, inquiry.
4, collect a proof court decision of nonperformance of refus of the accused person, ruling or obstructive executive evidential material, include:
1, prove person be executived is concealed, mar belongings move, intentionally or free makes over the belongings, testimony material that transfers property with apparently unreasonable low or security to conceal, be marred move, intentionally or make over the evidential data that already provided executive worth to executive court, include to note relevantly, record of inquiry of witness testimony, bank deposit, assure case, make over a contract, trade transfer ownership of record, property is registered etc;
2, after the proof assists executive obligor to receive executive court to assist executive advice note, refus does not help executive testimony, include relevant assistance to carry out advice note, service to answer card, investigation to note, witness testimony and proof assistance carry out obligor refus not to help the other evidence material that carry out;
3, prove person be executived, security, assistance carries out obligor and national office working personnel to connect seek, the powers and authorities of office that uses national office staff member is obstructive executive evidential material, the proof of evidential material; that includes to prove limits of one's functions and powers of national office working personnel is carried out executive obligor of person, security, assistance and national office working personnel connect the evidential material; that seek to prove national office working personnel uses functionary advantage to impare functionary evidential material;
4, the proof is carried out because the person is obstructive carry out or because reject condition of belongings of report, false report, disobey executive court to restrict high spending to reach concerned consumption to make wait to already was carried out the evidential stuff that the court takes civil coercive measures, the amerce decision book that includes to carry out a court to issue, detain etc of subpoena of decision book, arrest to prove to be carried out because the person is obstructive carry out be adopted the proof material of civil coercive measures;
5, person of proof the accused with violent, menace, gather a crowd wait for means to block up is carried out or undertake contemptuous to carrying out personnel, besiege, distrain, beat up or damage, loot carries out a case material, executive officer's car with other executive appliance, carry out, include testimony of kinescope of spot photograph, recording, witness, survey report to wait;
6, refus of person of proof the accused not card of the property that consign law copy clerk specifies delivery, ticket or refus not change gives the building, testimony data that exits land, include to prove the accused person has the evidence of card of property, ticket, wait in the evidential material of the job on building, land, life, activity;
7, person of proof the accused and other are colluded with, through false suit, false arbitration, false reconcile wait for means to impare executive evidential material, include book of book of false suit, arbitral, reconciliatory judgment, ruling, arbitral adjudication, reconcile agreement, front courtyard careful notes, the attestation of relevant witness, fulfill false court decision, ruling, arbitral adjudication, reconcile proof material of the agreement;
8, person of proof the accused is forged, the evidential data that destroys the evidence that fulfills ability about person be executived perhaps prevents other attest to perhaps be incited with method of violent, minatory, buy over, buy over, threatening other forswears, cloggy executive court finds out the evidential material of circumstance of belongings of person be executived, include investigation to note, witness testimony, trade record, survey report;
9, refus of person of proof the accused does not carry out forensic court decision, ruling, cause creditor to suffer material of great losing testimony, include to note relevantly, legal copy clerk;
10, court decision of nonperformance of refus of person of other proof the accused, ruling or obstructive executive evidential material.
(text material originates network, if have tort, connection establishs cutout. )
