What should be done if the subordinate enterprises of state owned enterprises do not pay back the mo

When encountering a situation where you owe money and do not pay it back, as a creditor, you should not be in a hurry at first, but should immediately find a lawyer to question, then collect evidence, and finally appeal to the court.

If they dare not carry out the court judgment, they will pay it off even if they are sentenced to prison, rather than wishful thinking that they will go to jail to pay off their debts.

What are the consequences of refusing to enforce a judgment?

According to article 313 of the Criminal Law, a person who refuses to enforce a judgment or ruling of a people's court but has the ability to enforce it, and the circumstances are serious, is to be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

The following situations are situations of "refusal to enforce the ability to do so, and the circumstances are serious":

Where the person subject to enforcement conceals, transfers, or intentionally destroys property, or transfers property without compensation, or transfers property at an obviously unreasonable low price, making it impossible to enforce the judgment or ruling;

Where the guarantor or the person subject to enforcement conceals, transfers, intentionally destroys or transfers property for which security has been provided to the people's court, making the judgment or ruling unenforceable;

After receiving the people's court's notice of assistance in enforcement, the person with the obligation to assist in enforcement refuses to assist in enforcement, making it impossible to enforce the judgment or ruling;

Where the person subject to enforcement, the guarantor, or the person assisting in enforcement conspires with the staff of a state organ to use the authority of the staff of the state organ to obstruct enforcement, making it impossible to enforce a judgment or ruling;

Other situations where there is the ability to enforce but refusal to do so, and the circumstances are serious.

1. If the basic court fails to enforce the law, it is recommended to apply for a higher level of enforcement;

2. Legal basis: Civil Procedure Law (2012 Revision) Article 226 [Application to a Higher Court for Enforcement] Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, 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.

Hope it helps you and I wish you happiness and happiness every day! 欄欄

Hello, happy to answer for you.

1. If the basic court fails to enforce the law, it is recommended to apply for a higher level of enforcement;

2. Legal basis: Civil Procedure Law (2012 Revision) Article 226 [Application to a Higher Court for Enforcement] Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the application for enforcement, 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.

Hope it helps you and I wish you happiness and happiness every day! 欄欄

The parties may file a civil lawsuit to protect their rights and request the court to order the other party to bear the corresponding liability for payment.

1. When a party initiates a lawsuit, it shall first submit a statement of indictment and submit a corresponding number of copies according to the number of opposing parties. If the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties shall be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be clearly indicated. The body of the indictment shall clearly state the matters requested, the facts and reasons for the indictment, and the end must be signed or affixed with an official seal.

2. Basis"Whoever asserts is the one who gives evidence"In principle, the plaintiff shall submit the following materials to the court:

1. Materials on the plaintiff's subject qualifications. Such as the original and photocopy of resident ID card, household registration booklet, passport, home return permit for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise unit is the plaintiff, it shall submit copies of the business license, business registration certificate and other materials.

2. Evidence to prove the plaintiff's claim. Such as contracts, agreements, creditor's rights documents (IOUs, IOUs, etc.), receipts and delivery vouchers, correspondence, etc.

3. When a party submits documentary evidence to the court, it shall fill out a list of evidence in duplicate, listing in detail the name and number of pages of the evidence submitted. After the evidence has been verified by the court's undertaker, the undertaker is to sign and seal the evidence list, and one copy is to be handed over to the parties and one is to be recorded.

IV. Within 7 days after the parties have completed the necessary formalities and submitted all relevant evidentiary materials, the case filing division shall handle the case filing formalities for those who meet the requirements for case filing; Where the requirements for filing a case are not met, a ruling is made in accordance with law not to accept it.

5. The parties shall pay the case acceptance fee and other litigation fees in advance within 7 days from the date of receipt of the notice of acceptance, and if there are real difficulties, they may submit a written application to this court for reduction, deferment or exemption within the prepayment period.

6. After the case filing formalities, the case shall be scheduled by the court**, and the parties shall obey the various work arrangements of the court, and settle the litigation costs in the financial office after the case is concluded, and refund the excess and make up for the deficiency.

Legal analysis: The parties can protect their rights by filing a civil lawsuit and request the court to order the other party to bear the corresponding payment liability.

Basis for the Law of Loss: Article 119 of the Civil Litigation Law of the People's Republic of China must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.