People court is in executive job, the Laolai that often can not carry out court decision, ruling to refus is adopted detain measure.
Adopt to Laolai detain measure to ought to have those requirements?
Laolai is court decision of court of nonperformance pointing to refus, be brought into to break one's promise by the court blacklist, limitation is engaged in the person of certain and civil action. If often go back on his word still copy clerk of law of refus nonperformance become effective, people court can undertake judicatory is detained, in order to show chasten.
Detain the regulation that is code of civil law of according to of courtyard of civil code pointing to a person, be carried out of the court decision that has produced legal effectiveness to court of refus nonperformance people, ruling the person takes the civil punish step that limits its person freedom lawfully.
Somebody asks, to how often going back on his word to carry out is our country court detained? What fact to form to you can be detained?
According to legal provision, accord with following condition, people court can adopt to its detaining is:
1, the action that requires obligation of nonperformance having refus
This is to carry out personnel to make the premise requirement that detains a ruling, after person be executived receives people court court decision, ruling, adopt conceal, the behavior such as move belongings, had the action that refus does not carry out.
If be detained,the person cannot undertake detaining without the behavior of refus nonperformance obligation.
2, need to be approved via the dean
Judicatory detains a coercive measures that regards limitation as person freedom, belong to the major item in executive job, ought to sign up for approval of this academy dean. This is to carry out the job to need mediumly classics program.
3, need to tell the person that be detained legal right
Right the person that be detained, according to our country " code of civil law " the 102nd regulation: Lawsuit participates in a person or someone else has one of following action, people court can give according to clue weight amerce, detain; to make crime, investigate criminal duty lawfully: (6) court of refus nonperformance people has produced the court decision of legal effectiveness, ruling.
4, people court is right the of one unit of the action that the money before having sets, can main to its controller is direct perhaps responsibility personnel gives amerce, detain; to make crime, investigate criminal duty lawfully.
If via checking solid, if be carried out what the person carries out copy clerk of become effective law feebly really, people court cannot be adopted detain.
