The defendant has lost the case, and the Executive Directorate summoned the defendant that the defen

It should not yet be a crime.

In court enforcement, if the court summons the person subject to enforcement to the court for investigation or enforcement, but the person subject to enforcement does not appear in court, under normal circumstances, due to the relatively minor circumstances, the act of the person subject to enforcement is not a crime, and the enforcement court may take other measures for enforcement, and may impose sanctions such as detention or a fine on the person subject to enforcement for refusing to perform the effective judgment.

However, in court enforcement, if the person subject to enforcement refuses to perform despite having the ability to perform, the circumstances are serious, it will constitute the crime of refusing to enforce the judgment or ruling, and will be investigated for criminal responsibility.

Code of Civil Procedure

Article 111:Where litigation participants or other persons exhibit any of the following conduct, 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 a 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, defaming, 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

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; 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.

Resisting enforcement is a violation of the law at least and a crime at worst. If you don't go for just one time, you will be fine, but if you refuse to truthfully inform you of the status of your property, the court can impose a civil sanction, that is, you can fine and detain you.

Legal analysis: If the court cannot find the defendant, the summons can be served by public announcement, and the first date will be determined only after the defendant has been served, and the judge who does not appear in court after the service can be tried in absentia. Where the defendant is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, a judgment may be rendered in absentia.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 92:Where the whereabouts of the recipient are unknown, or it cannot be served by other means provided for in this section, service is to be announced by public notice. From the date of issuance of the announcement, after 60 days, it will be deemed to have been served. Where the public notice is served, the reasons and process shall be noted in the case file.

Article 146:Where there are any of the circumstances listed by the following brothers, the trial may be extended

1) Parties and other litigation participants who must appear in court have a legitimate reason for not appearing in court;

2) The parties temporarily submit an application for recusal;

3) It is necessary to notify new witnesses to appear in court, to collect new evidence, to conduct a new appraisal or inquest, or to supplement the investigation;

4) Other circumstances that should be extended.

Summary. Where a defendant who must appear in court is summoned by two summonses and refuses to appear in court without a legitimate reason, the people's court may issue a custodial summons. "The provision makes it clear that custodial summons can only be applied to defendants who must appear in court.

Where a people's court refuses to appear in court without a legitimate reason for a defendant who must appear in court, but is summoned twice by summons, it may be summoned by custodial summons. "The provisions indicate that only defendants who must appear in court may be applied.

The plaintiff does not need it.

Plaintiffs are generally not called. However, it is not illegal for the plaintiff to go.

The case-filing body of the people's court shall review and file the case within 7 days of meeting the requirements for enforcement cases and transfer them to the enforcement body; Enforcement cases that do not meet the requirements shall be ruled not to be accepted within 7 days. After accepting the transfer, the enforcement agency shall issue an enforcement notice to the person subject to enforcement within three days, ordering the person subject to enforcement to perform the obligations set forth in the effective legal documents, and bear the interest on the debt during the period of delayed performance or the payment for delayed performance; If the overdue period is high or still non-performance, it shall be enforced in accordance with law. People's courts enforcing cases shall generally enforce and conclude the case within 6 months of filing the case.

If the defendant does not repay the money after winning the lawsuit, the right holder may apply to the court for enforcement. The 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 people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.

Article 241 of the Supreme People's Court's Interpretation on the Application of the "Civil Procedure Law of the People's Republic of China" Where a defendant refuses to appear in court without a legitimate reason after being summoned by summons, or leaves court without the court's permission, the people's court shall conduct or continue to hear the case on schedule, and may make a judgment in absentia in accordance with law after hearing the litigation claims of the parties appearing in court, the arguments of both parties, and the evidence and other litigation materials that have already been submitted.

These executive boards will be difficult for the people.

Doesn't the verdict have an address?

Inform him to the court, do not come can be detained, Civil Procedure Law.

Article 239: The period for applying for enforcement is two years. Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law.

The period provided for in the preceding paragraph is calculated from the last day of the period for performance provided for in the legal document; Where the legal documents provide for performance in installments, it is calculated from the last day of the period for each performance provided; Where the legal document does not provide for a period of performance, it is calculated from the date on which the legal document takes effect.

Article 240Upon receipt of an application for enforcement or transfer of an enforcement document, the enforcement officer shall issue an enforcement notice to the person subject to enforcement, and may immediately take compulsory enforcement measures.

You can only find it yourself and provide clues to the Executive Directorate.

You can apply to be pulled into the blacklist of dishonesty.

Prerequisite: Failure to fulfill the obligations set forth in the legal instruments in force.

Article 1: In any of the following circumstances, where persons subject to enforcement fail to perform the obligations set forth in effective legal documents, and have any of the following circumstances, the people's courts shall include them in the list of judgment defaulters, and give them credit punishments in accordance with law:

1) Refusal to perform obligations set forth in effective legal documents despite having the ability to perform;

2) Obstructing or resisting enforcement by means such as fabricating evidence, violence, or threats;

3) Evading enforcement by means such as sham litigation or arbitration, or concealment or transfer of assets;

4) Violating the property reporting system;

5) Violating an order restricting spending;

6) Refusal to perform on the enforcement of a settlement agreement without a legitimate reason.

In any of the following circumstances, the people's courts must not include the person subject to enforcement in the list of judgment defaulters on the basis of the provisions of paragraph 1 of article 1 of these Provisions:

1) Where a full and effective guarantee is provided;

2) Assets that have already been sealed, seized, frozen, or other measures sufficient to pay off debts determined in effective legal documents;

3) The person subject to enforcement has a lower order of performance and should not be compelled against them in accordance with law;

4) Other situations that do not belong to the refusal to perform obligations set forth in effective legal documents that do not have the ability to perform.

Where the person subject to enforcement is a minor, the people's court must not include them in the list of judgment defaulters.

2. How can Lao Lai be included in the list of judgment defaulters.

At this stage, there are only two ways to include the old man in the blacklist.

1. The court took the initiative to put the person subject to enforcement into the blacklist. Generally, after the court fails to enforce the law, and the person subject to enforcement meets the conditions for untrustworthy conduct, then the court will directly blacklist the person subject to enforcement.

2. The applicant shall apply to the court to include the person subject to enforcement in the blacklist. As long as the applicant believes that the person subject to enforcement meets the above conditions for dishonesty, he may apply to the court to include him in the blacklist. When applying, an application form is usually submitted as well.

The application form should state the matters of application, facts and reasons, etc.

After the judgment takes effect, you can apply to the court for enforcement with the effective judgment, and the court enforcement bureau will come forward to claim your rights.

By the way, there is no fee for applying for execution.

If there is a clue about the defendant's property, apply to the court for enforcement.

Enforcement can be applied.

The court shall enforce civil obligations in accordance with legal procedures and in accordance with the provisions of the enforcement document.

The person completes the obligations of the rights and responsibilities of the right holder to ensure that the rights of the right holder can be realized. Enforcement documents include legally effective civil judgments, rulings, and other legal documents that should be enforced by the court in accordance with law. Once they are determined, the obligor should perform automatically.

If it refuses to perform, the right holder may apply to the court for compulsory enforcement. The person who makes the application is called the applicant, and the person named to perform the obligation is called the respondent, also known as the person subject to enforcement. The applicant is the winning party and the respondent is the losing party.

The enforcement procedure is the final stage of the civil procedure.

An application may be made to the people's court for compulsory enforcement in accordance with the law, and the court will take corresponding enforcement measures in accordance with the law.

If the judgment has already taken effect, you can go to the court to apply for enforcement.

Legal analysis: First, if the defendant does not appear in court, the court may make a judgment in absentia. However, a request for double payment will usually not be supported, as the amount is too high and the court may appropriately order you to pay a portion of the liquidated damages.

Second, the defendant's failure to appear in court is detrimental to the protection of the defendant's rights and interests, and if the defendant cannot appear in court, he can also entrust a person to appear in court.

If the defendant does not go to the court, the judgment will be pronounced in accordance with the law, the public notice will be served, and it can be enforced. However, since Paco is out of town, the defendant can apply to the court for an adjournment of the trial.

Legal basis: Article 140 of the "Litigation Law of the People's Republic of China" Article 140 Where the defendant is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, a judgment may be rendered in absentia.

Legal analysis: First, if the defendant does not appear in court, the court may judge the suspect in absentia. However, a request for double payment will not usually be supported, as the amount is too high and the court may appropriately award you a portion of the liquidated damages.

Second, the defendant's failure to appear in court is detrimental to the protection of the defendant's rights and interests, and if the defendant cannot appear in court, he can also entrust a person to appear in court.

If the defendant does not go to the court, the judgment will be pronounced in accordance with the law, the public notice will be served, and it can be enforced. However, since Paco is out of town, the defendant can apply to the court for an adjournment of the trial.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 144: Where the defendant is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, a judgment may be rendered in absentia.