Not room, not car, did not deposit money, under one's name of person be executived can be offerred without any belongings carry out, this is the situation that the court often encounters in executive process. Delimit through buckling be carried out person housing accumulation fund, pay the deposit such as gold of treasure, endowment insurance to be used at pay off to compensate for debt, carry out difficult question to defeating solution, party of seasonable and effective protection adds up to right beneficial to have important sense.
1, the housing accumulation fund of under one's name of person be executived can be carried out
Person be executived has accorded with the State Council " regulation of housing accumulation fund " the condition of the memory remaining sum inside the account of accumulation fund of extraction worker housing of the 24th regulation, below the basic life that ensures person be executived to be enjoyed lawfully and the circumstance of living condition, executive court can is opposite the memory remaining sum inside account of accumulation fund of housing of person be executived is carried out compulsively. -- " the answer that top people court carries out problem of housing accumulation fund about enforcing " (﹝ 2013 ﹞hold his word the 14th)
Want the formal worker that is an unit only, have accumulation fund, the housing accumulation fund that includes worker individual capture to put and worker place unit are the housing accumulation fund that worker pay puts.
The State Council releases " regulation of housing accumulation fund " regulation, housing accumulation fund ought to be used at the worker to buy, build, break up build, overhaul lives oneself housing, any units and individual do not get move to make him use.
The worker has one of following state, can recover the memory remaining sum inside account of worker housing accumulation fund:
(One) buy, build, break up build, overhaul lives oneself of housing;
(2) retire, emeritus;
(3) lose labor ability completely, stop labor to concern with the unit;
(4) leave the country resident;
(5) repay of principal and interest of the loan that buy a house;
(6) the regulation that chummage exceeds domestic wage income is proportional.
2, be carried out leave artificially, of retired worker, can carry out social security orgnaization to extend to be carried out the person's annuities
Annuities of due of person be executived ought to regard person be executived as the fixed income that manages in the 3rd person, belong to the limits of its responsibility belongings, according to " code of civil law " the 243rd regulation, people court has authority to freeze, buckle delimit.
But, in freeze, buckle before delimiting, ought to obligate is carried out person and the maintenance that its bring up a family member to need; Social security orgnaization puts an orgnaization as golden hair of provide for the aged, courtyard of civil code of accountability assistance person is frozen, buckle delimit annuities of due of person be executived; When the annuities that executes person be executived, ought to notice to do good explanation to work to social security orgnaization, speak the mind that clear legislation sets, gain understanding and support. If still rejects to assist, can depend on law sanction. -- " top people court about whether assistance of orgnaization of requirement social security is frozen, buckle delimit the reply of the pension issue of person be executived " (〔 2014 〕 hold his word the 22nd)
3, when administrative unit serves as person be executived, executable its finance capital
When people court is carrying out the copy clerk of become effective law that involves administrative sex unit to assume joint liability, can use the debt of own reserves pay off beyond capital of finance of this administration unit only.
Perform function normally to assure administrative unit, must not use the other office requisite such as room, car to take executive step to the office of administrative unit.
The budgetary capital of administrative unit and gold of budgetary foreign capital all belong to capital of national finance sex, its utility state has strict regulation, cannot use assume implicative economy responsibility. -- " top people court carries out working office about whether execute Jin Chang city compulsively east the area is in charge of appoint the reply of the ask for instructions that can concern worth " (〔 2001 〕 hold his word the 10th)
" top people court is turned over about trying scheme of army of legionary, armed police, politics and law, cancel enterprise and related to enterprise of unhook of Party and goverment officials dispute case the regulation of a certain number of problems " (law commentate 〔 2001 〕 8) in also have similar provision.
Among them, the 15th sets: "People court is concerned in cognizance turn over, when the case of the enterprise of cancel, unhook, cognizance open unit ought to assume civil responsibility, account of funds of the fiscal money that does not get pair of open units, military expenditure, finance, office uses the other office requisite such as room, car to adopt close down, sequestered, freeze, conserve and implement measure the auction.
The 16th sets: "When people court is carrying out the go into effect that involves open unit to assume civil responsibility to adjudicate, can use the debt of own reserves pay off beyond capital of open unit finance only. If open unit does not have finance capital beyond of own reserves, ought to rule lawfully terminative carry out. Ought to rule lawfully terminative carry out..
4, can freeze, buckle the asset of party membership dues of Central Africa of account of party membership dues that delimits industry leading Party group is knitted
The party membership dues that industry leading Party group knits is an enterprise the is used at leading Party group to knit an activity funds that every Party member presses monthly wages scale to be handed in to party organization. Party membership dues organizes sectional acting Party committee to consolidate management by Party committee, sheet establishs account, special fund is special,
When the enterprise serves as person be executived, the party membership dues that people court must not be frozen or this enterprise party organizes transfer, must not repay with party membership dues the debt of this enterprise.
In carrying out, if apply for to carry out a person to raise the fund that proves an enterprise for evidence,stock account of party membership dues, apply for people court to give to this capital those who carry out, people court can be frozen to this capital go ahead of the rest; Person be executived offers sufficient evidence to prove this capital to belong to party membership dues, people court ought to remove freeze. -- " top people court is carried out about enforcing in the party membership dues that should not organize enterprise party gives as company worth freeze or the announcement of transfer " (law 〔 2005 〕 209)
The party membership dues that the Party member pays, divide amount of party membership dues of ministry of the group in wanting turn over to the higher authorities 5% besides, different scale keep is pressed in Party Committee of all levels. Party membership dues is used the Party member that basically is badly off with Yu Peixun's Party member, allowance and reparative the establishment of education of basic level Party member that is damaged because of calamity, the party membership dues that cannot organize with enterprise party comes to pay off enterprise what owe debt.
5, does to be being carried out commodity of an administrative unit in Xizang of National People's Congress trade the capital with capital bear indoor account whether carry out?
Heavy goods of under one's name of person be executived trades account of capital close an account, executive court ought to prove the quality of account capital, be carried out inside strict divisional account person own reserves and client trade capital, can be opposite only person be executived own reserves gives carry out. -- " top people court about be being carried out commodity of an administrative unit in Xizang of National People's Congress trades capital bear account is indoor capital whether the answer that takes executive step " (〔 2012 〕 hold his word the 7th)
The practice inspiration that afore-mentioned answer give us is, trade in executive negotiable securities settle accounts orgnaization, futures trades to be carried out settle accounts orgnaization when bank deposit account of the person, be sure to keep in mind to want to check the property of the capital inside clear and relevant account and account, avoid a mistake to buckle delimit the capital of investor.
6, when bank client serves as person be executived, the product of financial conduct financial transactions that buys to its whether carry out?
The financial grain property that the client buys is tasted, no matter be him bank,issue (include head office and province branch to issue, abbreviation is self-supporting product) , still be bank representative sale () of product of abbreviation be commissioned to sell sth, belong the money property right that the client has. When the client serves as person be executived, this money property right belongs to responsibility belongings, people court can be carried out. -- " Zhejiang saves senior people court, Zhejiang to save Zhejiang of travel of banking association, labour to save Zhejiang of branch, Agriculture Bank province branch, medium branch of province of Zhejiang of branch of travel Zhejiang province, Construction Bank, hand in travel Zhejiang to save subsidiary bank about normative people court
What condition to accord with " Laolai " can be you just sentenced?
Criminal law sets the 313rd times " capable to the court decision of people court, ruling 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; clue is particularly serious, be in 3 years of above 7 years the following set term of imprisonment, punish gold. Punish gold..
Refus does not carry out blame of court decision, ruling, it is to show the court decision that has produced legal effectiveness to people court perhaps rules capable to carry out and refus is not carried out, the conduct with serious clue.
What is belonged to " capable to carry out and doesn't refus carry out a clue serious " behavior?
According to countrywide National People's Congress about criminal law the 313rd explanation, following scenario belongs to what criminal law sets the 313rd times " capable to carry out and refus is not carried out, the clue is serious " case:
(One) person be executived is concealed, belongings of move, intended damage or free transfers property, transfer property with apparently unreasonable low, cause court decision, ruling to cannot be carried out.
(2) security perhaps is carried out the person is concealed, move, intended damage perhaps is made over already offerred the property that assure to people court, cause court decision, ruling to cannot be carried out.
(3) after assistance carries out obligor to receive people court to assist executive advice note, refus is not assisted carry out, cause court decision, ruling to cannot be carried out.
(4) executive obligor of person be executived, security, assistance and national office working personnel are connected seek, the powers and authorities of office that uses national office staff member is obstructive carry out, cause court decision, ruling to cannot be carried out.
(5) other capable to carry out and refus is not carried out, the case with severe clue.
What is belonged to " other capable to carry out and doesn't refus carry out the case with severe clue " ?
According to top people court " do not carry out case of criminal of court decision, ruling about trying refus applicable law the explanation of a certain number of problems " regulation:
The person that has executive obligation is 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 " .
(One) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) undertake contemptuous to carrying out personnel, besiege, sequestered, beat up, cause executive job to cannot undertake.
(7) 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.
(8) refus does not carry out forensic court decision, ruling, cause creditor to suffer great losing.
Special remind
2015, the supreme court was released " do not carry out case of criminal of court decision, ruling about trying refus applicable law the explanation of a certain number of problems " , set clearly besides through mechanism of public security, procuratorial work, walk along public prosecution program to find out refus hold outside the blame, common people also can safeguard oneself to close right increase through private prosecution means.
That should investigate the criminal duty of person be executived through private prosecution means, what requirement should satisfy?
Explain the 2nd according to afore-mentioned judicatory, the 3rd regulation,
Should have following two conditions:
1, the person refus that applies for to carry out a person to evidence proves to have executive obligation does not carry out court decision, ruling, violated right of the person that applies for executive person, property, ought to investigate criminal duty lawfully.
2, application carries out a person to evidence proves he once raised charge, and public security mechanism or people procuratorate carries out compulsory person not to grant to investigate criminal duty to having.
How to gather the relevant evidence that often bilks refus not to carry out court decision, ruling, " Laolai " send into the jail?
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) carries out a court to be issued 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 the; such as detailed list
(The advice note that 3) carries out a court to inquire deposit of person be executived, security, equity to wait reachs receipt;
(4) executive court inquires under one's name of person be executived, security the registering circumstance of praedial, car records;
(5) basis " code of civil law of People's Republic of China " the 241st regulation, the; of belongings case report that person be executived refers to executive court
(6) executive court is right the; of relevant law copy clerk that person be executived takes step of chasten of limitative high spending, credence
(Mechanism of 7) public security is investigated lawfully be carried out what get person, security has the; such as the relevant file that fulfills ability, attestation
(8) is 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 wait for;
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 assist the; of 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; such as 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 the testimony of kinescope of spot photograph, recording, witness, ; such as survey report
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, ; waits 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 the; such as 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 the; such as 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, the; such as legal copy clerk
10, court decision of nonperformance of refus of person of other proof the accused, ruling or obstructive executive evidential material.
