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After the court judgment, if the party refuses to enforce the court judgment, the winning party may handle it through the following channels:
1. The winning party can directly request the losing party to perform the obligations determined by the judgment.
2. If the losing party refuses to perform, the winning party may apply to the court for compulsory enforcement. The court is to employ compulsory enforcement measures such as allocation, auction and so on to achieve the content determined by the effective judgment. At this time, the winning party is obliged to provide the court with clues about the losing party's property in order to facilitate the court's enforcement.
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The winning party also has the judgment of the court, and the evidence you submit to the court is also in the court archives and can be consulted.
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You should apply to the court for enforcement. China's Civil Procedure Law stipulates that the parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the court for which chain to enforce.
The judgment of the court in the dispute between you and the defendant is a valid legal document and has the effect of enforcement. If you refuse to perform an effective judgment, you can apply to the court for enforcement, and the court will take compulsory measures against you to compel you to perform your obligations. It should be noted that the application must be filed within 1 year after the expiration of the performance period specified in the judgment.
Article 236 of the Civil Procedure Law provides that the 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.
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If one party refuses to perform the effective judgment of the court, the party may go to the court to apply for compulsory enforcement, or go to the public security organ to report the case, and request that the other party be held criminally responsible for the crime of refusal to execute.
Legal analysisIn civil and economic cases, if one party refuses to perform an effective judgment or other legal document, the other party may apply to the court for compulsory enforcement. Where a party refuses to perform on a legally effective ruling, creditor's rights document or decision of an arbitration organ, notary public or administrative organ, the party enjoying the rights may apply to the people's court for compulsory enforcement. In cases where the people's court has made a judgment or ruling, the application for enforcement is to be submitted to the original people's court.
Other documents that are to be enforced by the people's court as provided by law shall be submitted to the people's court at the place where the person subject to enforcement is located or where the property of the person subject to enforcement is located. When applying to the court for compulsory enforcement, it is generally necessary to submit an application for enforcement, a certificate of the validity of the document, a written judgment and a letter of respect for the limbs, and the identity information of the person applying for enforcement and the person subject to enforcement. The certificate of effectiveness of the document needs to be issued by the judge undertaking the case who made the final judgment and must be stamped with the official seal, and the identity information of the applicant and the respondent can be directly copied in the case trial file of the court archives.
Where there is a refusal to enforce a court judgment or ruling, and the circumstances are serious and a crime is constituted, the person applying for enforcement may apply to the enforcement court to transfer it to the public security organ for filing and investigation; They may also directly go to the public security organs to report the case to the world, and request that the person subject to enforcement be investigated for criminal responsibility through the public prosecution procedure.
Legal basisCriminal Law of the People's Republic of China" Article 313: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.
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Legal analysis: After the court judgment, the defendant does not enforce the compensation, and the party may apply for compulsory enforcement. If the person subject to enforcement fails to perform the obligations set forth in the legal documents in accordance with the enforcement notice, the people's court has the right to withhold and withdraw the part of the income that the person subject to enforcement shall perform the obligations.
However, the necessary living expenses of the person subject to enforcement and the family members he or she supports shall be retained. When a people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the unit to which the person subject to enforcement, banks, credit cooperatives, and other units with savings operations belong.
Legal basis: Article 236 of the Civil Procedure Law of the People's Republic of China Article 236 The 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.
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Legal analysis: If the losing party fails to perform the performance obligations determined by the effective judgment within the time specified in the judgment, the winning party may apply to the court for compulsory enforcement. If they still do not enforce the judgment after losing the case, they may be suspected of the crime of refusing to enforce the judgment and bear criminal responsibility.
If it refuses to perform, the right holder may apply to the people's court for compulsory enforcement.
Legal basis: "Administrative Coercion Law of the People's Republic of China" Article 2 The term "administrative compulsion" as used in this Law includes administrative coercive measures and administrative compulsory enforcement. "Administrative compulsory measures" refers to the conduct of administrative organs in the course of administrative management to temporarily restrict citizens' personal liberty in accordance with law, or to temporarily control the property of citizens, legal persons, or other organizations, in order to stop illegal acts, prevent the destruction of evidence, avoid the occurrence of harms, and control the expansion of dangers.
"Administrative compulsory enforcement" refers to the conduct of administrative organs or administrative organs applying to the people's courts to compel the performance of obligations in accordance with law against citizens, legal persons, or other organizations that do not perform on administrative decisions. Article 12: Methods of administrative compulsory enforcement: (1) Additional fines or late fees; (2) Transferring deposits and remittances; (3) Auctioning or lawfully disposing of sealed or seized venues, facilities, or property; (4) Removing obstructions and restoring the original state; (5) Performing on behalf of others; (6) Other methods of compulsory enforcement.
Article 19: Where the situation is urgent and it is necessary to implement administrative compulsory measures on the spot, administrative law enforcement personnel shall report to the responsible person of the administrative organ within 24 hours, and complete the approval formalities. Where the responsible person for an administrative organ finds that administrative compulsory measures should not be employed, they shall immediately lift them.
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1. After winning the lawsuit, if the other party fails to perform the court judgment within the performance period, it can apply to the court for compulsory enforcement.
2. After accepting the compulsory enforcement, the court will inquire about the real estate, vehicles, ** and deposits in the debtor's name in accordance with the law;
3. In addition, if he has no property in his name that can be used for enforcement and he refuses to perform the effective judgment of the court, he will have negative information such as overdue repayment recorded in his personal credit report and will be restricted from high consumption and entry and exit, and may even be subject to judicial detention.
4. In the case of refusal to enforce the judgment or ruling despite having the ability, it is suspected of the crime of refusing to enforce the judgment or ruling.
5. Article 313 of the Criminal Law [Crime of Refusing to Enforce a Judgment or Ruling] 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. What are the basic principles of civil litigation enforcement.
1) The principle of legality of enforcementThe principle of legality of enforcement refers to the fact that enforcement activities shall be carried out in accordance with the legally prescribed conditions and procedures. The principle of legality of enforcement includes three meanings: first, enforcement activities must be based on legally effective legal documents, and if there is no legal instrument, or the legal instrument has not taken effect, or the effective document does not belong to the type prescribed by law, the enforcement procedure cannot be initiated.
Second, the enforcement measures taken must not go beyond the scope of the law. When enforcement personnel take enforcement measures, they must comply with the provisions of the Civil Procedure Law on enforcement measures. Finally, enforcement activities must be carried out in accordance with the procedures established by law.
For example, before taking enforcement measures, the enforcement personnel shall issue an enforcement notice to the person subject to enforcement, ordering them to perform their obligations within a specified period of time, and only if they fail to perform can they take enforcement measures.
2) The principle of limited subject matter of enforcement: The subject matter of enforcement refers to the object to which the people's court's enforcement activities are directed, including both the property and conduct of the person subject to enforcement, but does not include the person of the person subject to enforcement.
3) The principle of taking into account the interests of the person subject to enforcement and taking into account the interests of the person subject to enforcement means that in the course of enforcement, the people's court must take care of the lawful rights and interests of the person subject to enforcement.
4) The combination of compulsory enforcement and persuasion education refers to the fact that the people's courts should not only employ compulsory measures in enforcement, but also do more ideological education work on the parties to promote their automatic performance.
5) Principle of Assistance in EnforcementWhere in the course of enforcement, the people's courts find that it is necessary for relevant units or individuals to assist in enforcement, they shall issue a notice of assistance in enforcement to them in accordance with law.
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