What should I do if I apply for compulsory enforcement, but the defendant refuses to enforce it

What should I do if the person subject to enforcement refuses to execute the judgment of the court?

Legal analysis: how to deal with the refusal of the person subject to enforcement. If the person subject to enforcement refuses to enforce the judgment, the applicant may apply for compulsory enforcement, and if the refusal constitutes a crime, criminal responsibility may be pursued.

Legal basis: Article 236 of the Civil Procedure Law of the People's Republic of China: Parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.

Interpretation on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Enforce Judgments or Rulings".

Article 1: Where persons subject to enforcement, persons assisting in enforcement, guarantors, or other persons with enforcement obligations have the ability to enforce a people's court's judgment or ruling but refuse to do so, and the circumstances are serious, they shall be punished as the crime of refusing to enforce the judgment or ruling in accordance with article 313 of the Criminal Law.

Article 2: Where a person with an obligation to enforce has the ability to enforce but commits any of the following conduct, it shall be found to be "other circumstances where there is a capacity to enforce but refusal to do so, and the circumstances are serious", as provided for in the Standing Committee of the National People's Congress's interpretation of Criminal Law article 313:

1) Refusal to enforce such conduct as refusal to report or falsely report property circumstances, violation of the people's court's orders restricting high spending and related spending, and refusing to enforce it even after compulsory measures such as fines or detention have been employed;

2) Fabricating or destroying important evidence related to the judgment debtor's ability to perform, using violence, threats, or bribery to prevent others from testifying, or instigating, bribing, or coercing others to give false testimony, obstructing the people's court from ascertaining the property of the person subject to enforcement, making it impossible to enforce the judgment or ruling;

3) Refusal to hand over property or tickets specified in legal documents, or refusal to move out of a house or land, making it impossible to enforce a judgment or ruling;

4) Colluding with others to obstruct enforcement through methods such as sham litigation, sham arbitration, or sham settlement, making it impossible to enforce judgments or rulings;

5) Using violence or threats to obstruct enforcement personnel from entering the enforcement site, or gathering crowds to make noise or storm the enforcement site, making enforcement work impossible;

6) Insulting, besieging, detaining, or beating enforcement personnel, making it impossible to carry out enforcement work;

7) Destroying or stealing enforcement case materials, enforcement vehicles and other enforcement equipment, enforcement personnel's clothing, and enforcement documents, making enforcement work impossible;

8) Refusal to enforce a court judgment or ruling, causing the creditor to suffer heavy losses.

Legal analysis: The court may take compulsory measures such as detention, and if there is property, it may seal up and entrust an auction agency to auction the dry base and sell it, and the auction proceeds will pay the case money. Where the People's Law fails to enforce a judgment or ruling of a pure court that has the ability to enforce it, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given.

Legal basis: Article 313 of the Criminal Law of the People's Republic of China: Where a people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given.

Legal analysis: 1. Compulsory enforcement by the people's court; Enforcement measures include searches of homes, including auctions, sales, seizure of property, freezing of bank accounts, and seizure of homes. 2. If the enforcement is refused, the court may impose a fine of up to 1,000 yuan for up to 15 days of detention, and it can be applied repeatedly.

3. Refusal to enforce a legal document effective by the court, where the circumstances are serious, violates Article 313 of the Criminal Law, constitutes the crime of refusing to enforce a judgment or ruling, and will be sentenced to up to three years imprisonment, short-term detention, or a fine.

Legal basis: Article 313 of the Criminal Law of the People's Republic of China: Where a people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given. 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.

Legal analysis: The refusal of the person subject to enforcement to enforce the judgment shall be handled by the executive bureau or enforcement division of the people's court in accordance with law. In this case, the court will generally take compulsory enforcement measures, and the specific executor will promptly investigate the property status of the person subject to enforcement, freeze the bank account of the other party, seize his property, and transfer funds in accordance with the law.

Legal basis: Article 230 of the Civil Procedure Law of the People's Republic of China: Where during enforcement, the parties reach an agreement through reconciliation on their own, the executor shall record the content of the agreement in the record, and both parties shall sign or affix their seals.

Where the person applying for enforcement reaches a settlement agreement with the person subject to enforcement due to fraud or coercion, or the parties fail to perform the settlement agreement, the people's court may, on the basis of the parties' application, resume enforcement of the original effective legal documents.

Legal analysis: The court may take compulsory measures such as detention, and if there is property, it may seal it up and entrust an auction agency to auction it, and the auction house will return the proceeds of the sale to pay the case money. Where a people's court has the capacity to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given.

Legal basis: Criminal Law of the People's Republic of China Article 313: Where a people's court's judgment or ruling is capable of being enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, custodial detention for starvation, or a fine is to be given.