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Civil litigation is mainly about property disputes and personal injury disputes, and generally focuses on monetary compensation. There will be no sentence. However, if in the course of civil litigation, a party commits any of the following acts, it may be investigated for criminal liability in accordance with law.
According to the provisions of the Civil Procedure Law, if a litigation participant or other person commits any of the following acts, the people's court may impose a fine or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law: (1) fabricating or destroying important evidence, obstructing the people's court's trial of the case; (2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony; (3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen; (4) Insulting, slandering, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, evaluators, inquest personnel, or persons assisting in enforcement; (5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties; (6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect. Legal basis:
Article 111 of the Civil Procedure Law of the People's Republic of China: Where litigation participants or other persons commit any of the following acts, the people's courts may impose fines or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law: (1) fabricating or destroying important evidence, obstructing the people's court's trial of the case; (2) Using violence, threats, or bribery to prevent witnesses from testifying, or instigating, bribing, or coercing others to give false testimony; (3) Concealing, transferring, selling, or destroying property that has already been sealed or seized, or property that has been inventoried and ordered to be kept, or transferring property that has been frozen; (4) Insulting, slandering, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, evaluators, inquest personnel, or persons assisting in enforcement; (5) Using violence, threats, or other methods to obstruct judicial personnel from performing their duties; (6) Refusal to perform on a judgment or ruling of a people's court that has already taken legal effect. People's courts may fine or detain units that exhibit any of the conduct provided for in the preceding paragraph; where a crime is constituted, criminal responsibility is pursued in accordance with law.
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1. Cases in which the person subject to enforcement has property available for enforcement shall generally be concluded within 6 months from the date of filing the case; Non-litigation enforcement cases shall generally be concluded within 3 months from the date on which the case is filed. However, the period during which enforcement is suspended shall be deducted.
2. Where there are special circumstances that require an extension of the enforcement period, it shall be reported to the president or vice president of the court for approval. Where an application for an extension of the enforcement period is made, it shall be submitted within 5 days before the completion of the period. ”
3. If the enforcement is not carried out within six months, the person applying for enforcement may apply to the people's court at the next higher level for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.
2. Methods of Implementation.
For the property subject to enforcement, the people's court may freeze, transfer deposits, or retain them during enforcement; searching, sealing, seizing, auctioning, or selling property; Forced eviction from the house and other ways. However, when the people's court takes these measures, it shall retain the necessary living expenses of the person subject to enforcement and his or her dependents.
3. Implementation supervision.
Where the parties and interested parties believe that the specific enforcement by the enforcement personnel is improper or in error, they have the right to report to the people's court where the enforcement personnel are located, and the people's court shall promptly handle it.
Parties and interested parties have the right to request enforcement personnel to perform their duties in accordance with law, and have the right to report or make accusations to the discipline inspection department or other relevant departments of the people's court for illegal acts of enforcement personnel in the enforcement of cases.
Baoying County lawyer.
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Hello. No jail time.
However, a court that does not have the ability to pay money may take measures such as sealing up or seizing property of comparable value.
If the person subject to enforcement (you) really has no property to enforce, the court will rule to suspend the enforcement after finding out. Once you have property available for enforcement, the court will resume enforcement.
If you are unable to repay the loan, have no income**, and are unable to work due to financial difficulties, the court will rule to terminate the enforcement, and the enforcement will not be resumed even if you have property in the future.
If you are not at ease, if you are worried that you will be punished by the law, log in to the * legal consultation post - please ask the civil lawyer for details.
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Civil disputes do not involve criminal liability and will not go to jail.
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In civil cases, those who are unable to pay compensation will not be imprisoned, but if they have the ability but refuse to enforce the judgment, they are suspected of the crime of refusing to carry out the judgment or ruling, and must bear criminal responsibility. Civil compensation is limited to the ability to perform and pay, and if the ability to perform or pay is lost, it is true that the victim's losses cannot be compensated, and there will be no criminal liability consequences, but the mode of performance and enforcement may be changed.
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