Determination of the crime of refusing to enforce a judgment or ruling

1) The boundary between the crime of refusing to enforce a judgment or ruling and the crime of obstructing public affairs.

First of all, the crime of obstruction of public affairs is directed at State functionaries who perform their duties in accordance with the law. The crime of refusing to enforce a judgment or ruling is directed at a judgment or ruling that has already taken effect; Second, the method of the crime of obstructing public affairs must be the use of violence or threats, and the crime of refusing to enforce a judgment or ruling does not require the use of this method. However, in practice, the refusal of some parties to enforce a judgment or ruling is often manifested in the fact that when judicial personnel go to the scene to enforce a judgment or ruling (such as when forcibly demolishing illegal buildings or forcibly relocating), the party obstructs the enforcement by means of violence against the enforcement personnel, which is not only a refusal to enforce the judgment or ruling, but also has the characteristics of obstructing official duties.

2) The boundary between the crime of refusing to enforce a judgment or ruling and intentional homicide or intentional injury.

Where a party violently prevents judicial personnel from enforcing a judgment or ruling, the degree of violence shall be limited to causing minor harm, and if the perpetrator seriously injures or even kills the enforcement personnel or the persons assisting in the enforcement of the judgment or ruling in the course of resisting the enforcement of the judgment or ruling, it shall be handled as the crime of intentional injury or intentional homicide from the first felony in accordance with the principle of implication.

3) The boundaries between the crime of refusing to enforce a judgment or ruling and the filing of an appeal.

The parties have the right to lodge appeals against judgments or rulings that have already taken effect in accordance with law. Some parties are not calm when filing a complaint, and may confront the personnel of the relevant enforcement organs, and as long as they do not resist the enforcement of the judgment or ruling, they cannot be punished as the crime of refusing to enforce the judgment or ruling. If the judgment cannot be enforced because the original judgment is improper or the parties are objectively in difficulty, the parties cannot be convicted, but appropriate changes should be made to the original judgment in accordance with the trial supervision procedures.

If the parties resist the enforcement of judgments or rulings due to incomplete enforcement procedures, arrogant and rude attitudes, etc., it is not appropriate to convict the parties. Instead, the judgment or ruling should be enforced on the basis of correcting the mistakes made by the enforcement personnel, and where the perpetrator only passively does not enforce the judgment or ruling or resists the execution of the judgment, it should not be treated as a crime, but should be educated first, and then it can be enforced.

The constitutive elements of this crime are: (1) the subject of this crime is the person obligated to enforce an effective judgment or ruling of a people's court; (2) the object of refusal to enforce is the judgment or ruling of the people's court; (3) The enforcement obligor has the ability to enforce the judgment or ruling, that is, the enforcement obligor has movable property or the ability to do or refrain from performing specific acts; (4) Causing "serious circumstances", i.e., one of the circumstances provided for in Article 2 of the "Supreme People's Court Interpretation on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Enforce Judgments" and (5) the perpetrator is subjectively intentional.

Legal basis: Article 313 of the Criminal Law of the People's Republic of China stipulates that if a judgment or ruling of a people's court is capable of being enforced but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine shall 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.

Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Enforce Judgments or Rulings provides: Where a person with an obligation to enforce has the ability to enforce but commits any of the following acts, 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 Article 313 of the Criminal Law

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

2) Fabricating or destroying important evidence related to the person subject to enforcement'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's ascertainment of the judgment or ruling's assets, 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 the house or land, making it impossible to enforce the 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 assembling crowds to make noise or storm the enforcement site, making enforcement work impossible;

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

7) Destroying or snatching 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 major losses.

The crime of refusing to carry out the verdict is as follows:

1. On the basis of the provisions of the "Supreme People's Court Interpretation on Several Issues Concerning the Application of Law in the Trial of Criminal Cases of Refusal to Enforce Judgments or Rulings", there are eight types of conditions for filing a case for the crime of refusing to enforce a court judgment or ruling, which shall be found to be "other situations where there is the ability 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 article 313 of the Criminal Law

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

2) Fabricating or destroying important evidence related to the person subject to enforcement'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's ascertainment of the judgment or ruling's assets, 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 the house or land, making it impossible to enforce the judgment or ruling;

4) Collusion with others to obstruct enforcement of judgments or rulings through methods such as false litigation, false arbitration, or false settlements, 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 a noise or storm the enforcement site, making it impossible to carry out enforcement work in front of their eyes;

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

7) Destroying or snatching 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 major losses.

2. As long as one of them is met, it constitutes the crime of refusing to carry out a court judgment or ruling.

3. If the crime of refusing to enforce a court judgment or ruling is constituted, the following two conditions must be met before the court may file a private prosecution case for trial:

2) The person applying for enforcement has previously made an accusation, but the public security organ or people's procuratorate does not pursue criminal responsibility for the person with enforcement obligations.

1) Refers to refusal to enforce a judgment or ruling of a people's court that has the ability to do so.

2) Where there is a refusal to enforce a judgment or ruling of a people's court that has the capacity to do so, including all or part of the obligations that should be performed.

3) refers to conduct that has the ability to perform but refuses to do so. Where there is no capacity to enforce it, this crime is not constituted.

4) Changji's conduct where the circumstances are serious. refers to the following acts;

1) 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;

2) 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 it impossible to enforce the judgment or ruling;

3) After receiving a 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;

4) The person subject to enforcement, the guarantor, or the person assisting in the false monitoring of the enforcement obligation conspires with the staff of the state organ to use the authority of the staff of the state organ to obstruct enforcement, making it impossible to enforce the judgment or ruling;

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

In the case of not paying back the money owed in business, there must be a serious infringement of the economic interests of the other party, and the identification and handling of relevant matters need to be handled by both parties through negotiation.

1. What should I do if I don't pay back the money I owe in business?

It can be sued, and the real evidence should be retained, such as conclusive evidence such as the acceptance of the goods, the arrears of the IOU, the payment settlement statement, etc., and when the repeated demands are still invalid, it is necessary to file a lawsuit with the court within the statute of limitations prescribed by law. If the statute of limitations has expired, things may be complicated.

1. It is recommended to file a lawsuit with the court as soon as possible to demand repayment, and once the two-year statute of limitations is exceeded, the right to win the lawsuit will be lost;

2. 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;

3. 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;

4. 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 be restricted from high consumption and entry and exit, and may even be subject to judicial detention;

5. In the case of refusal to enforce the judgment or ruling despite the ability, it is suspected of the crime of refusing to enforce the judgment or ruling;