[case]
Zhang Mou is in short supply as a result of deal financing to Gao Mou loan 10 thousand yuan, agreement in those days new year's day remands. Arrived the end of the year, zhang Mou pleads to say years however in March reimbursement. The 2nd year in March, gao Mou urges a fund to Zhang Mou, zhang Mou evade is not returned, later, gao Mou urges a fund frequently, zhang Mou with deal compensate reimbursement did not refuse for money. Gao Mou is furious extremely, close Zhang Mou in him home then, the wife of requirement Zhang Mou must return money on. So, is Gao Mou's practice legal?
[law is analytic]
Creditor has the agreement of power demand debtor according to the contract or the regulation of according to law fulfils obligation. Controversy of creditor's rights debt attributes civil dispute. Debtor nonperformance remands debt, creditor can be sued to the court, but can not imprison debtor absolutely. The clue is serious, will form imprison a blame illegally, bear criminal responsibility.
[law link]
" civil code general rule " the 84th debt is the agreement according to the contract or the regulation of according to law, the specific right that produces between party and obligation concern. The person that enjoys the right is creditor, beholden person is debtor.
Creditor has the agreement of power demand debtor according to the contract or the regulation of according to law fulfils obligation.
" constitution " the person freedom of citizen of 7 People's Republic of China does not suffer thirtieth encroach.
Any citizens, approval of procuratorate of blame classics people perhaps decides or people court decides, carry out by public security mechanism, do not suffer arrest.
Prohibit be imprisoned illegally and limitting person freedom of the citizen with other method, prohibit ransacking illegally the citizen's body.
