"Laolai " this term is new to calculating for common people, court besides adopt lawfully to its close down consumption of belongings, limitation, announce the measure such as blacklist besides, likely still " the important matter on booth " .
Recently, court of people of the county that meet an opening did not carry out case of court decision, ruling to undertake publicity adjudging to a refus.
[basic details of a case]
One, Cai Mou of the accused person ties limited company of energy of megalosaurus of the county that meet an opening (company of megalosaurus of the following abbreviation) legal agent. Come from 2014 in November 2015, megalosaurus company defaults the 39 workers pay such as Gu Mou, Qi Mou in all 647826 yuan. On December 28, 2015, labor of the county that meet an opening and make known to lower levels of social security bureau are instructed after rectifying and reform an instruction, megalosaurus company exceed the time limit did not pay afore-mentioned workers salary. Up to now megalosaurus company still defaults reward of 39 workers work to add up to 371094 yuan.
2, Cai Mou of the accused person, Zhang Mou fastens husband and wife to concern. 2013 9 to in October, company of Cai Mou of the accused person, megalosaurus to You Mou loan 2.8 million yuan, classics is bilateral on March 24, 2015 settle accounts, shang Qian of company of Cai Mou, megalosaurus issued receipt for a loan 1.25 million yuan by some loan a piece. On August 19, 2015, company of Cai Mou of You Mou general, megalosaurus, Zhou Mo some, Cai Mou armour tells court of people of county of best friend mouth, ask 4 the accused repay accuser loan principal reachs accrual 1.25 million yuan 175 thousand yuan. On August 28, 2015, you Mou applies for to add the accused person to court of people of the county that meet an opening Zhang Mou is a:appellant loan dispute the accused of one case. On December 8, 2015, court of people of the county that meet an opening makes (2015) hand in civilian first word 419 civil judgments: One, company of Cai Mou of the accused person, megalosaurus tells You Mou principal at adjudicating become effective hind gives Fu Yuan inside 30 days originally 1.25 million yuan; 2, the interest that company of Cai Mou of the accused person, megalosaurus has 1.25 million yuan to stop to pay accuser principal of You Mou loan by every accrual to the day that pays off capital from March 24, 2015; 3, Zhou Mo of the accused person some, Zhang Mou is right adjudicate the first originally, binomial loan repays assume joint liability.
On April 6, 2016, you Mou applies for to be carried out compulsively to court of people of the county that meet an opening with respect to afore-mentioned court decisions. In executive process, hand in court of buccal county people lawfully to service of Cai Mou of person be executived, Zhang Mou executive advice note, (2016) advance 1130 hold book of 77 executive rulings, remove the legal copy clerk such as advice note, freeze, transfer is carried out bank deposit of person Cai Mou, Zhang Mou, close down Cai Mou of person be executived, Zhang Mou is located in Shuang Chi of the county that meet an opening to press down Yu of He Jinzhong city second area house property. On August 9, 2016, cai of Zhang Mou carte blanche carries out matters concerned related some, the Cai Mou that be the same as day and You Mou are reached carry out reconcile agreement, cai Mou, Zhang Mou is freewill property right person Zhang Mou is located in Shuang Chi of the county that meet an opening press down property right date to be the building evaluate of 1423330300042 850 thousand yuan compensate for You Mou is all, within January assistance deals with formalities of change the name of owner in a register and vacate the building. Handed in court of buccal county people to make on August 10, 2016 (2016) advance 1130 hold book of 77 executive rulings, at of the same age on August 11 service Cai Mou, Zhang Mou (Cai Mou generation closes) .
After the event, abscond of 2 people be executived and not the building real pay You Mou, cause this ruling to cannot be carried out. On November 20, 2018, children of Cai Mou of the accused person, Zhang Mou will be located in key of building of double pool of the county that meet an opening to give applicant You Mou, you Mou is right 2 be expressed to forgive by the applicant's behavior and issue written forgive a book.
[case outcome]
Unit of 1. the accused hands in limited company of energy of buccal county megalosaurus to make refus do not pay work reward the blame, sentence fine RMB 50 thousand yuan;
Cai Mou of person of 2. the accused makes refus do not pay work reward the blame, sentence a set term of imprisonment one year 2 months, punish golden RMB 10 thousand yuan; Make refus do not carry out blame of court decision, ruling, sentence have period a year, amalgamative executive set term of imprisonment a year 8 months, punish golden RMB 10 thousand yuan, instruct Cai Mou of the accused person to undertake pay compensation for what one has unlawfully taken to the applicant;
Zhang Mou of person of 3. the accused makes refus do not carry out blame of court decision, ruling, sentence a set term of imprisonment 11 months.
[the language after the judge]
" criminal law of People's Republic of China " the 313rd regulation " 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; The clue is particularly serious, be in 3 years of above 7 years the following set term of imprisonment, punish gold. Of blame of the money before the unit makes, condemn fine to the unit, be in charge of personnel and personnel of other and direct responsibility to what its are in charge of directly, the regulation of the money before according to is punished. The regulation of the money before according to is punished..
In actual life, a lot of people be executived search all sorts of reason refus not to carry out forensic court decision, ruling, carry out compulsively what take the means avoid court of justice such as move belongings even, what little imagine should fulfill one row this to cannot escape his not only is compulsory, more lay a finger on legal bottom line, draw fire against oneself.
Each person be executived or the obligation that fulfil copy clerk of become effective law actively to decide as soon as possible, do not get the end of the calamity of bagnio. (Lv bridge quadrangle offers sketch)
