Always a few rack one's brains do not wish to return money " Laolai "
With each strange flower achievement brushs existence to feel
Outfit is foolish fill be stupefied, do not know sign
Pretend belongings of divorce, move
Force fights a way...
Without place need not its extremely
Invite party
"Won lawsuit, do not take money however "
"Laolai " miss evil spirit
Offend law
Form " refus hold blame "
Forensic policemen can not be " abstain from eating meal "
What is " refus hold blame " ?
Refus hold full name refus does not carry out the blame blame of court decision, ruling, it is to point to pair of people courts already of become effective have the court decision that pays content, ruling to have the party that fulfils obligation, in have fulfill ability and below the circumstance that can fulfill, refus nonperformance, the conduct with serious clue!
Form " refus hold blame " what is there?
Privately deals with belongings of under one's name escapes fulfill form refus hold blame;
Capable to fulfill and refus nonperformance forms refus hold blame;
Not as fluctuant as real report belongings and belongings form refus hold blame;
Be detained, after amerce, still fulfill obligation not actively to wait.
[case 1: Privately deals with belongings of under one's name escapes fulfill form refus hold blame]
The case is basic information
Came 2008 between 2014, the Ling Mou of Wu state city and Liu Mou develop to need with capital have enough to meet need because of the business, part for many times Xiang Tang is such-and-such with Chen Mou some loan adds up to nearly 1 million yuan, agreed remand time and accrual. However, after loan expires, in Tang Mou some is mixed Chen Mou some urges for many times below, ling Mou and Liu Mou all did not remand with all sorts of reason money. In October 2016, tang Mou some appeals to some and Chen Mou respectively to court of people of 10 thousand beautiful divisions, ask Ling Mou and Liu Mou remand loan and accrual. Court of people of 10 thousand beautiful divisions adjudicates Ling Mou and Liu Mou need to remand loan and accrual add up to many yuan 100 give Tang Mou some and Chen Mou some. After adjudicating become effective, ling Mou and Liu Mou did not fulfil reimbursement obligation. In April 2018, tang Mou some and Chen Mou some parts court of people of Xiang Moxiu division applies for to be carried out compulsively.
Summary of details of a case (executive circumstance)
In executive process, court of people of 10 thousand beautiful divisions carries out belongings of advice note, report to make to service of person be executived, but person be executived did not declare its belongings to the court. Other classics carries out judge inquiry, under one's name of person be executived has a few minicar, but during a minicar is being carried out however, be transferred by its among them. Have in view of two people be executived fulfill ability, however refus nonperformance reimbursement is compulsory, on July 16, 2018, the Tang Dynasty some and some Chen Mou court of some Xiang Moxiu mentions some refus of Ling Mou of criminal private prosecution and Liu does not carry out blame of court decision, ruling. After put on record, height of 10 thousand beautiful courts takes seriously, home of goosefoot of You Moxiu court Dean Wei sponsors the case, he is moved instantly reviewed executive case data, related to case of criminal private prosecution material, organized party of former defendant both sides to undertake intercessory. Classics mediation, both sides reachs intercessory agreement. Ling Mou and Liu Mou are fulfilled immediately paid 800 thousand yuan of debt, both sides agreed with respect to the money that leave pay regularly perform way. The applicant is right person be executived expressed to forgive, written put forward what refus of criminal private prosecution does not carry out blame of court decision, ruling to recall sue. So far, this executive case and case of criminal private prosecution all be able to satisfactory end a case.
Law dispels misgivings
In this case, person be executived is capable to carry out and refus is not carried out, and deal with in executive phase privately belongings of under one's name, according to the definition that judicatory explains related top people court, be like occurrence refus not to carry out forensic court decision, ruling, cause creditor to suffer great losing, belong to a clue serious, handle battle of 3 years of the following set term of imprisonments, arrest or fine.
[case 2: Capable to fulfill and refus nonperformance forms refus hold blame]
The case is basic information
Guo Mou of the accused person and Liu Mou of private prosecution person are acquaintance formerly, it is the village, town it is famous good brother, good to go up companionate, bilateral each other has leasehold, but can remand in time. 2004, liu Mou is located in him head of sand of county of dark green Wu press down Wen Dejie's land to make over case alien Zhong Mou and Zhang Mou. 2008, because of Zhong Mou, Zhang Mou financial insolvency land transfers a money, be badly in need of land building the Guo Mou of the room to with alien of Liu Mou, case Zhong Mou, Zhang Mou talks things over and decide consistently: Pay land to transfer a money 180 thousand yuan for you by Guo Mou, zhong Mou, Zhang Mou criterion registers land access change Guo Mou under one's name.
After the agreement is reached, zhong Mou, Zhang Mou fulfilled change to register obligation according to the agreement, but Guo Mou besides contract obligation was not fulfilled all the time after touching the kind that reduces debt to pay 1000 yuan 5 through hire. Liu Mou is urged for many times later close, guo Mou still ignore. In April 2016, the Liu Mou that be driven beyond forbearance tells Guo Mou the court, court of dark green Wu sentences your Guo Mou to pay land access to transfer cost 175 thousand yuan lawfully on the foundation that finds out a fact.
Summary of details of a case (executive circumstance)
After adjudicating become effective, guo Mou of the accused person still the reimbursement with repudiate affirmatory judgment is compulsory, by force of but, liu Mou can apply for to be carried out compulsively to the court only. In executive process, executive personnel heads for person be executived for many times its thought is done to work in Home Guo Mou, but Guo Mou of person be executived still repudiate is compulsory. It is those who hit Guo Mou to defy executive behavior, make Guo Mou fulfil obligation, court of dark green Wu made the decision that judicatory detains twice to Guo Mou early or late, during, executive personnel still does its thought to work for many times, but Guo Mou still is not willing to fulfill. As we have learned, guo Mou of the accused person follows person partnership to plant in congratulate state city orange of candy having sand 10 mus, the saccharic tangerine that cultivates at present has been hanged if really. In sand of county of dark green Wu head garrison post follows the person's joint hoggery to also have 8 every year, 90 thousand yuan income. In addition, some returns Guo of the accused person to have the economic forest such as 116.3 mus ash, tea-oil tree in sanded head garrison post, among them ash gives birth to extent of long, size to wait to already accorded with fell trees norms.
Law dispels misgivings
On July 27, 2018, cognizance of court of people of county of Wu of Guangxi dark green adjudicated refus does not carry out a criminal case of court decision, ruling one case, guo Mou of the accused person is sentenced set term of imprisonment a year of probation two years. The successful careful of this case writtens guarantee, carry out deterrence to aggrandizement, push executive work develop the sense with be had important. In the meantime, whole to guiding also society forms esteem judicatory authority, it is very important that the social psychology foundation that fulfills copy clerk of become effective law actively and law culture also are having urge action.
[case 3: Not as fluctuant as real report belongings and belongings form refus hold blame]
The case is basic information
Huang Mou of private prosecution person always as leasehold as folk of prosperous of Li Mou of the accused person dispute one case, via mediation of court of cany county people, both sides reached amortize principal and interest to mediate an agreement to what paid off on December 18, 2016 on June 2, 2016.
Summary of details of a case (executive circumstance)
Become effective of nonperformance of refus of prosperous of Li Mou of the accused person mediates the obligation with affirmatory book, enforce in court of cany county people circumstance of real report belongings is inferior to during carrying out, the requirement report property that did not make according to report belongings below the circumstance that changes in belongings is fluctuant circumstance, register belongings move intentionally other under one's name, capable to fulfill and the obligation with affirmatory copy clerk of law of refus nonperformance become effective.
On July 31, 2018, huang Mou of private prosecution person always makes refus with prosperous of Li Mou of the accused person do not mention for blame of executive court decision, ruling accuse, court of cany county people at be the same as day of put on record. During lawsuit, prosperous of Li Mou of the accused person is found out at criminal to avoid, always talk things over actively with Huang Mou of private prosecution person for many times, final both sides is reached before this case is sessional carry out reconcile agreement, private prosecution person applies for to recall of one's own accord this criminal private prosecution. On August 13, court of cany county people is made allow Huang Mou of private prosecution person always nolles prosequi ruling, successful hold writtened guarantee this has executive case.
Law dispels misgivings
The accused is carried out what some prosperous regards person plum as executive case person, after executive advice note and report belongings are being given out to make to its in court of cany county people, not was like circumstance of real report belongings, did not fulfil the obligation with affirmatory copy clerk of become effective law, the requirement report property that did not make according to report belongings below the circumstance that changes in belongings is fluctuant circumstance, register belongings move intentionally other under one's name, capable to fulfill and the obligation with affirmatory copy clerk of law of refus nonperformance become effective, ill will transfers property, avoid is carried out, bring about court decision of forensic become effective to cannot be carried out, accord with " capable to carry out and refus is not carried out, the clue is serious " case. Court of cany county people accepts the criminal private prosecution that applies for executive person lawfully, effective awe capable to fulfill and copy clerk of law of nonperformance become effective determines obligation " Laolai " , rose to carry out a case eventually rate of this end a case, maintained legal honor and the interest that apply for executive person.
[case 4: Be detained, after amerce, still fulfil obligation not actively]
Be detained, after amerce, still fulfil obligation not actively, will be punished finally by severe criminal.
The case is basic circumstance
Court of people of city of a surname brook made first instance on November 25, 2014 civil judgment, su Mou gem should rise at adjudicating the day of become effective 10 remand in a few days loan principal 168582 yuan and accrual of subbranch of a bank gives Li Mou. Su Mou gem did not appeal. Adjudicate to at the expiration of one's term of office of deadline for performance reachs after become effective, su Mou gem did not fulfil the obligation that repay captital with interest. On January 6, 2015, li Mou applies for to be carried out compulsively to court of people of city of a surname brook, because be carried out,the person's house property undertakes assessment and terminative executive program, on August 14, 2017, the applicant applies for to restore to carry out to court of people of city of a surname brook.
Case case
In litigant process, the application of Li Mou of basis of court of people of city of a surname brook, right the building that under one's name of Su Mou gem is in city of a surname brook gives one set close down. In executive process, su Mou gem receives executive advice note and belongings to declare your, but Su Mou gem did not fulfil obligation by time limit of executive advice note, also did not declare belongings.
On January 14, 2016, court of people of city of a surname brook lawfully transfer is carried out person Su Mou gem bank deposit 48000 yuan. On August 16, 2016, court of people of city of a surname brook is given out to person be executived lawfully play debtor advice note, su Mou of person be executived gem did not arrive present attend. Flourish of its father Su Mou reachs city of a surname brook at morrow people court accepts an inquiry, agree to send word to its child Su Mou gem fulfils obligation. On August 25, 2016, su Mou gem accepts an inquiry to court of a surname brook, agree to will work wage income fulfils obligation 3000 yuan every months, but later did not fulfill. Be opposite lawfully building of under one's name of Su Mou gem undertakes auctioning, during selling off, su Renrong around pays father of Su Mou gem 2300 yuan.
Court of people of city of a surname brook was opposite lawfully on May 3, 2018 Su Mou gem undertakes judicatory detain 15 days, fine 5000 yuan. Carry out after detaining, be carried out up to now person Su Mou gem did not fulfil obligation, also pay fine without capture. Its behavior already was formed be suspected of crime (blame of court decision of refus nonperformance become effective, ruling) . Court of people of city of a surname brook decides to move send public security general Su Mou gem investigate. During, reach outside relative of person be executived and applicant front courtyard carry out reconcile and fulfill end, the applicant agrees to forgive. On August 3, 2018, court of people of city of a surname brook adjudicates person be executived lawfully Su Mou gem does not carry out blame of court decision, ruling with refus, sentence Su Mou gem one year 3 months, probation a year 6 months.
Law dispels misgivings
To be being carried out the person has fulfill ability and the obligation with affirmatory copy clerk of law of refus nonperformance become effective, after receiving executive notice, do not declare belongings inside time limit or declare disloyal, person be executived has be detained, the risk of amerce. In be detained, after amerce, still fulfil obligation not actively, will be punished finally by severe criminal.
[case 5: Capable to carry out and refus is not carried out form refus hold blame]
The case is basic information
2014, because of civilian leasehold dispute, liang Mou is red Chen Mou Bin and its wife Long Mou is sued to court of people of Cen Xi city. Court of people of city of a surname brook adjudicates Chen Mou Bin, Long Mou should pay accrual the RMB lawfully 90000 yuan give Liang Mou red, assume joinder cost, belongings to conserve cost is total 3274 yuan. After adjudicating become effective, chen Mou Bin did not fulfil the obligation that the court decision determines.
Executive summary
Court of people of city of a surname brook gives out belongings of executive advice note, report to make to Chen Mou Bin, ask Chen Mou Bin fulfils relevant obligation. In the meantime, executive policemen of court of people of city of a surname brook is passed " 4 check two check " , be informed under one's name of Chen Mou Bin to 3 handle a house property, car, still have hire income. However, belongings of report of both neither of Chen Mou Bin, the obligation with nonperformance firm court decision. On October 17, 2016, court of people of city of a surname brook decides to detain 15 days to judicatory of Chen Mou Bin. In duration of detention, court of court of people of city of a surname brook carries out a policemen to have inquiry to Chen Mou Bin, arouse its fulfil obligation, but Chen Mou Bin still with all sorts of reason evade. Of the same age on December 19, court of people of city of a surname brook moves send public security mechanism to find out its refus hold blame. Of the same age on December 30, chen Mou Bin and Liang Mou are red reach reconcile and fulfill end.
Refus hold the blame hears a case
Court of people of city of a surname brook thinks, bin of Chen Mou of the accused person knows perfectly well his to regard people court become effective as the obligor with civil firm court decision, money of nonperformance of exceed the time limit gives Fu Yi Wu, executive advice note, belongings is given out to declare in people court after making, do not carry out advice note to ask to fulfil obligation by the court, also do not have report belongings state, and after the coercive measures that adopts judicatory to detain in people court, the court decision to people court is capable to carry out and refus is not carried out, the clue is serious, already offended " criminal law of People's Republic of China " the 313rd the first regulation, form refus not to carry out adjudicative blame. The guilt that narrates oneself is confessed according to the facts after in view of the accused person Chen Mou Bin is brought to justice and had fulfilled end, give respectively punish lightly with take into consideration the circumstances lawfully. This year on June 19, court of people of city of a surname brook does not carry out adjudicative blame with refus, sentence RMB of fine of Chen Mou Bin 5000 yuan.
Law dispels misgivings
This case is person be executived capable to the court decision of people court to carry out and the typical case that refus does not carry out. Find out refus of person be executived lawfully hold blame, revealed people court to implement bed sturdy resolution to hitting refus, uphold law and judicatory authority, have important sense.
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