Whether had you had the experience that doesn't money be borrowinged return? Face those who owe money to be not returned " Laolai " , the country adopted a series of measure to have all-around repair.
But still a lot of debtor think by good luck: Owing money is civil liability merely, even if do not return can how, paid off debt to always should do not have a thing. . .
Don't have a thing really? Recently, a refus that people court adjudicates hold the record is complete broke into pieces " Laolai " people covet. . .
Case reviewing: Owe money ten years to be not returned, "Laolai " be afraid of be returned hurriedly by arrest money2004, chen Mou held the post of a gentleman to owe brushstroke payment for goods to data vendor when Cheng of charge for the making of sth. fifty-nine thousand nine hundred yuan, look for excuse to be not returned all the time. But under, hold the post of a gentleman to be forced to tell Chen Mou the court.
2008, division people court removes desk of business contract dispute to enter a judgement to this, chen Mou of requirement the accused is in since the day that adjudicates become effective inside 10 days pay material the money.
After adjudicating become effective, chen Mou still did not fulfil the obligation with firm court decision, hold the post of a gentleman to decide to apply for to be carried out compulsively to district court.
Via district court investigation, near future Chen Mou still bought an abundant cropland car of hundred thousands of to oneself. But be as long as after civil judgment become effective inside nearly 10 years, choose to escape reimbursement from beginning to end however.
2017, district court carries out bureau general this case refus hold clew moves lawfully processing of substation of public security sending an area, but Chen Mou still puts fluky psychology, do not agree sum pays debt to reach fulfill accrual tardily.
Final district court adopts judicatory to detain to its lawfully. Chen Mou this ability insecurity rises, let a wife contact a gentleman rapidly, mix debt, accrual compensation fund is one-time fulfill pay.
Hold the post of a gentleman to apply for to recall with day in Chen Mou reimbursement private prosecution, but this thing does not have be over.
It is OK to this thinking that pay off money both the principal and the interest everything is just fine, but those who let Chen Mou did not think of is, although had paid off debt, application executes a person also cancel refus hold blame private prosecution, but oneself still need to assume corresponding criminal responsibility.
Because the area is general law-abiding bureau already put on record, calculate a gentleman cancel private prosecution, chen Mou should assume criminal responsibility as before.
Final, because Chen Mou of the accused person makes refus do not carry out adjudicative blame, sentence a set term of imprisonment 6 months, probation a year.
Returned money obviously, hold the post of a gentleman also already cancel private prosecution, but debtor still was sentenced finally punishment. How is this to return a responsibility after all?
Executive judge says: Application executive person mentions to the court private prosecution, think with respect to oneself case the accused person formed refus only hold blame, and Chen Mou is actually capable to fulfill and the behavior that refus does not carry out is to be aimed at him all already the court decision of become effective, ruling, can be to carrying out the refus of obligor through public prosecution way have more objective, comprehensive judge.
The refus that this district court tries hold case, was on June 5, 2018 top people court " do not carry out blame of court decision, ruling about refus the announcement that private prosecution case hears the job to concern an issue " after print and distribute, zhejiang saves first private prosecution that adjudge to allow a case to public prosecution.
According to small endowment understanding, release in top people court " do not carry out blame of court decision, ruling about refus the announcement that private prosecution case hears working concerned issue " in show clearly:
Application carries out a person to be below the circumstance of contented and certain condition, can find out through the means of private prosecution " Laolai " criminal responsibility, thereby " Laolai " send into the jail.
But after private prosecution case is accepted, public security mechanism decides put on record again, appeared at this moment the circumstance with public prosecution and collateral private prosecution, private prosecution needs to let public prosecution, undertake by public security mechanism put on record is investigated.
Private prosecution lets to public prosecution, let refus carry out for more objectivePass the actual proposal analyse above, we can see:
Break his promise to be carried out the person is before become effective of court decision, ruling, have fulfill ability however refus does not implement court decision of forensic become effective, sure meeting is in lawfully punish with criminal.
And the world does not have free lunch, even if debtor sits prison come out to still also need to return money, with firm pay a debt in kind or by labour the favour such as this is in jural be the basis that does not have any propping up.
In recent years, each district court increases blow refus not to carry out the strength of blame of court decision, ruling ceaselessly, already implemented fair, check, law at present 3 linkage cooperation, to refus hold the case undertakes fast careful writtens guarantee quickly standing quickly.
This case also caution wears those is in debt that do not return " Laolai " : Be in debt return money, it is responsibility also be compulsory. If the writ of judgment of nonperformance law go into effect, the court can give through all sorts of means blow.
And the consequence that break one's promise is, let " Laolai " next day " be overwhelmed with sorrow.
