Civil coercive measures is the compulsive step that takes to the person of obstructive and civil suit, its purpose is to eliminate to impare, education fulfils the obligation that law sets for the person all right, abide by litigant order, comply with the direct when people court hears a case, assure the on the rails of civil suit.
Sort of civil coercive measures has arrest to pass, be repentant of admonitory, recognizance, amerce, detain wait for 5 kinds. Today, court of people of day heart division announced civil coercive measures 3 typical case.
Case insults clerk to fine 4000
Basic details of a case
Jiang Mou fastens day heart court to accept Hu Mou to relate leasehold issue of Li Mou folk the wife that one case Central Plains tells Hu Mou. Because this is forward accuser is introduced from the northern and western nationalities or from abroad some service judgment, after Hu Mou waits for appeal to expire, think the case has applied for carry out before become effective, discover Li Mou adjudicates the accused to still have no effect service. Jiang Mou of Hu Mou wife disregards this desk clerk to mail for many times the court decision shows for other sign after receiving sth, come the explanation that service did not find a person again, the Yang Mou of interrogatory female clerk of arrogance aggressive " you why all the time don't bother to see me out is amounted to, has with the accused Li Mou slept to become aware? " , clerk Yang Mou contains the circumstance that serious affront property asks to fall in Jiang Mou, reminding its to notice words and deeds, return patient all the time explanation.
In undertake after judge Tong Anfeng is present, jiang Mou again abuse clerk Yang Mou: "A case is so long, still cannot service gives defendant, your ** affirmation and Li Mou had slept to become aware " . Undertake the judge sees its are abuse clerk, and after the behavior of persist unreasonably, offerred sharp criticism to its, instruct its recognizance be repentant at the same time, inspect a circumstance to take further step. After Jiang Mou is criticized, realized oneself error, issue to clerk Yang Mou " apologetic book " , obtained clerk Yang Mou forgive.
Handle a result
Acknowledge a mistake in view of Jiang Mou the mood is better, obtained clerk Yang Mou again forgive, day heart court makes Jiang Mou publish an apology to clerk Yang Mou, be in in order to fine 4000 yuan punishment. Subsequently Jiang Mou pay amerce, did not put forward to reconsider.
Typical meaning
Judicatory personnel fulfils obligation lawfully, must ensure its person right does not suffer encroach. Affront, fling abuses walks on the judicatory staff member of duty, huge contused feeling of profession of judicatory staff member, challenged the authority of law and law badly. People court is opposite lawfully the Jiang Mou of this case takes punish step, safeguard in time be dignity of pair of judicatory personnel character, not only proper, and very necessary.
Case 2 on the court violent loot material fines 10 thousand
Basic details of a case
Accuser Peng Mou (male) appeal to the accused Zhang Mou (female) divorce dispute in one case, after front courtyard careful ends, both sides waits to check front courtyard careful notes inside the court sign. During, judge, clerk leaves a courtroom because of reason of short duration. Accuser Peng Mou produces conflict with the accused Zhang Mou first during this, fullback comes force is used to overturn its before the accused Zhang Mou. Hind the litigant material of Zhang Mou of violent loot the accused, and the partial data tear to shreds the accused. Wait for clerk to return the court sees after returning a court inside one ins disorder, the accused Zhang Mou crouchs sit on the ground to cry, report instantly advocate careful judge is moved read monitoring video reductive the circumstance at that time. This case advocate careful judge Tong Anfeng informs bailiff controls his at once, enquire accuser Peng Mou. Some is opposite accuser Peng material of lawsuit of loot of its sudden huge profits, fool the conduct that makes a court to admit. Show repent one's error on the court, those who obtained the accused Zhang Jin forgive.
Juridical result
According to of court of people of division of heart of weather of Hunan governor sanded city " code of civil law of People's Republic of China " the 110th, the 111st, the 115th regulation, decide to be being fined person Peng Mou fines 10 thousand yuan.
Typical meaning
This case is the case of the judicatory punish that causes because of violating judicial order badly together. Rule front courtyard regards jurisdiction of state of people court exercise, cognizance as the place of activity of contentious case, to institute proceedings, have huge dignity sex and earnest sex. Accuser Peng some department has the natural person of competence of completely civil action. Disregard judicial discipline avowedly inside forensic court, take article of violent means loot, fool do a court, its behavior is authority of state of a kind of contempt, the behavior of crude trample law, the person safety belt that participates in a person to lawsuit will huge browbeats and be damaged, the harm is very deep. After the court investigates real details of a case, accuser Peng Mou on the court be repentant, obtain the accused actively to forgive. The court fines 10000 yuan lightly to its take into consideration the circumstances lawfully, inflict chasten. After classics news media reports after, obtained favorable legal result and social result, rose to ensure the judicial order, action that defends legal honor truly.
Quote of 3 exceed the time limit fines case 2000
Basic details of a case
Day heart court relates issue of divorce of the accused Chen Mou at accepting accuser Wu Mou lawfully on March 1, 2017 one case. In trying a process, the accused Chen Mou at open a court session when referred its to the court just now full proof. Accuser Wu Mou rejects to accept, request court does not organize qualitative card. Via checking, its referred evidential time to already exceeded the quote time limit that this academy specifies to the court. After via the court Shi Mingji exceed the time limit refers the legal consequence that evidential agree carries, the accused Chen Mou insists to submit evidence to the court, be willing to accept judicial punish, this academy gives allow.
Juridical result
This academy thinks, the act that the accused Chen Mou violates the quote time exceed the time limit that the court specifies to submit evidence impared the on the rails of judicial trial activity, should grant punish. Accordingly, according to " code of civil law of People's Republic of China " the 65th, the 115th regulation, decide 2000 yuan to to be being fined Chen Mou fines the person.
Typical meaning
This case is the judicatory penalty case that makes because of quote of party exceed the time limit together. Our country code of civil law already all made specific provision to quote deadline and litigant link, party abides by the abidance of quote deadline since to law in civil suit activity, also be the respect that shares a person to judge and all lawsuit. This case is punished quote of exceed the time limit of person Chen Mou, on the rails of obstructive judicatory activity, this academy gives education informs its law consequence, but Chen Mou insists to ask to submit evidence, accept judicial punish of one's own accord. If the court is wrong,its undertake punish, mean inequity to abiding by the party of quote deadline, in the meantime, the existence of if the court is patient similar action, criterion time and again again open a court session also caused judicatory efficiency reduce, the waste of judicatory resource. In this case, in not lawbreaking this academy below mandatory regulation allows to its submit evidence on the court and organize qualitative card, have penalty to its at the same time. Undertook penalizing to violating act already, also give attention to two or morethings concludes the case the justice of a hypostatic cognizance. In program and substance two respects all rose to show plasticity effect.
