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Is it compensation, the compensation is paid by the state budget, and those who do not pay compensation can sue.
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It is possible to apply to the court for compulsory enforcement.
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You can react to the mechanism that determines the reward!
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What are the grounds for refusal??? Is it still appealing?
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Article 152:Where the party with the obligation refuses to perform on a legally effective administrative Hu Crackpei judgment, administrative ruling, administrative compensation judgment, or administrative mediation document, the opposing party may apply to the people's court for compulsory enforcement in accordance with law.
Where a people's court makes a judgment that an administrative organ performs an obligation to compensate, compensate, or otherwise pay administrative benefits, and the administrative organ refuses to perform, the opposing party may apply to the court for compulsory enforcement in accordance with law. Pants only.
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If you win the administrative compensation case and refuse to fulfill your compensation obligations, then you will go to the appeal** or a higher one.
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Winning the administrative compensation case**What should I do if I refuse to perform the compensation and righteousness? ** will not be so reckless, you can give it to her and let the appeal continue, although the court will be asked to enforce the case.
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In this case, the court can be applied to enforce it.
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Administrative compensation: Bai ** refuses to perform his duties, I think that in this case, the administrative source nuclear compensation, Bai ** refuses to perform the duties of hail digging, I think that in this case, it should also be enforced.
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You can apply to the court to enforce it.
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Whichever court decides, go to which court, or go to the ** department to complain.
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Let's talk? What's going on?
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Legal analysis: If the organ with the obligation to compensate does not make compensation within the time limit or the compensation claimant has objections to the amount of compensation, the compensation claimant may apply to the organ at the next higher level for reconsideration within 30 days from the date of expiration of the time limit.
Legal basis: Administrative Reconsideration Law of the People's Republic of China
Article 2: This Law applies to citizens, legal persons, or other organizations that believe that a specific administrative act infringes upon their lawful rights and interests, and submits an application for administrative reconsideration to an administrative organ, and the administrative organ accepts the application for administrative reconsideration and makes an administrative reconsideration decision.
Article 6: In any of the following circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with this Law:
1) Refusing to accept administrative punishment decisions made by administrative organs such as police reports, fines, confiscation of unlawful gains, confiscation of illegal property, orders to suspend production or business, temporary seizure or revocation of permits, temporary seizure or revocation of licenses, administrative detention, or other administrative punishment decisions;
2) Refusing to accept an administrative organ's decision to restrict personal liberty or to seal, seize, or freeze assets;
3) Refusing to accept a decision made by an administrative organ on the alteration, suspension, or revocation of permits, licenses, qualification certificates, qualification certificates, or other such certificates;
4) Refusing to accept a decision made by an administrative organ to confirm the ownership or right to use natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, wastelands, tidal flats, and sea areas;
5) Where it is found that an administrative organ has violated its lawful operational autonomy;
7) Where it is found that an administrative organ has illegally raised funds, expropriated property, or apportioned expenses, or illegally demanded the performance of other obligations;
8) Where it is found that the legally-prescribed requirements are met, and an application is made to an administrative organ for the issuance of a permit, license, qualification certificate, qualification certificate, or other such certificate, or an application to an administrative organ for examination and approval or registration of relevant matters, but the administrative organ has not handled it in accordance with law;
9) Where an application is made to an administrative organ to perform a legally-prescribed duty to protect personal rights, property rights, or the right to education, but the administrative organ fails to perform it in accordance with law;
10) Where an application is made to an administrative organ for the issuance of a bereavement pension, social insurance fund, or minimum subsistence allowance in accordance with law, but the administrative organ does not issue it in accordance with law;
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The consequences of refusal to enforce civil compensation are: the people's court shall impose a fine or detention according to the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law. where there is capacity to enforce civil compensation and refusal 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; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
1. How to punish counterfeiting and infringement of trademarks.
The penalty for counterfeiting and infringing a trademark is as follows: if it does not constitute a crime, the administrative department for industry and commerce shall impose an administrative penalty and pay civil compensation to the right holder. where the circumstances are serious and a crime is constituted, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.
2. What happens if you violate an order restricting high spending.
The legal consequences of violating the order restricting high consumption are generally administrative detention and, if the circumstances are serious, imprisonment. where there is a capacity to enforce a people's court's 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.
3. What are the consequences of being sued for owing 60,000 yuan.
The consequences of being sued for owing 60,000 yuan are as follows:
1. Generally, if you owe money, you will not be detained, and if the circumstances are serious, you may be detained if you refuse to implement the court ruling;
2. If the repayment is still not fulfilled after the court judgment, then you can apply for judicial detention at this time;
3. Where there is a capacity to enforce a people's court's 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;
4. where the circumstances are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
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, short-term detention, or a fine is to be given.
Article 116 of the Civil Procedure Law of the People's Republic of China.
Where the person subject to enforcement maliciously colludes with others to evade performance of the obligations set forth in the legal documents through litigation, arbitration, mediation, or other means, the people's court shall impose a fine or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Article 117 of the Civil Procedure Law of the People's Republic of China.
Where units with an obligation to assist in the investigation or enforcement commit any of the following acts, the people's court may impose a fine in addition to ordering them to perform their duties of assisting Yi's omission:
1) The relevant unit refuses or obstructs the people's court's investigation and collection of evidence;
2) Where a relevant unit refuses to assist in making inquiries, seizing, freezing, transferring, or converting property after receiving a notice from the people's court to assist in enforcement;
3) After receiving the people's court's notice of assistance in enforcement, the relevant unit refuses to assist in withholding the judgment debtor's income, going through the formalities for the transfer of relevant property rights and licenses, or transferring the relevant tickets, licenses, or other property;
4) Other refusals to assist in enforcement.
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If one party refuses to enforce the judgment of the court, the other party may apply to the chain court for compulsory enforcement. After the court judgment, the other party has not enforced it, and it can apply to the court for compulsory enforcement.
Legal basis: Article 222 of the Civil Procedure Law of the People's Republic of China provides that if the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, the people's court has the right to withhold and withdraw the income of the person subject to enforcement who shall perform the obligations. However, the necessary living expenses of the executor and his or her dependents 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.
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Analysis of legal dismantling and infiltration: If one party does not enforce the judgment of the court, the other party may apply to the court for compulsory enforcement. After the court judgment, the other party has not enforced it, and it can apply to the court for compulsory enforcement.
Legal basis: Article 222 of the Civil Procedure Law of the People's Republic of China provides that if the person subject to enforcement fails to perform the obligations set forth in the legal document in accordance with the enforcement notice, the people's court has the right to withhold and withdraw the income of the person subject to enforcement who shall perform the obligations. However, the necessary expenses for the execution and the family members they support shall be retained.
When the 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 business must handle it.
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Legal analysis: If the court awards compensation to the other party, the other party can apply for compulsory enforcement in accordance with the law if it does not enforce it. Compulsory enforcement is to be enforced by the people's court of first instance or the people's court at the same level as the people's court of first instance where the property subject to enforcement is located.
Legal basis: Article 224 of the Civil Procedure Law of the People's Republic of China Enforcement jurisdiction. The property portion of a legally effective civil judgment or ruling, as well as a criminal judgment or ruling, is to be enforced by the first-instance trial court or the people's court at the same level as the first-instance trial court where the property being enforced is located.
Other legal documents that are prescribed by law to be carried out quietly by the people's court are to be enforced by the people's court at the place where the person subject to enforcement is domiciled or where the property subject to enforcement is located.
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If the court rejects the state compensation decision, the parties may report it to the higher court.
1. How to file for state compensation.
1. The claimant for state compensation is the injured citizen, legal person or other organization. In the event of the death of an injured citizen, his heirs and other dependent relatives have the right to claim compensation.
2. Claims for compensation shall first be submitted to the organ with the obligation to compensate, and the organ with the obligation to compensate shall be the administrative organ that has caused damage to citizens, legal persons or other organizations in the exercise of their functions and powers, as well as the investigation, procuratorate, trial and prison management organs. Administrative compensation may also be filed at the same time as the application for administrative reconsideration and the filing of an administrative lawsuit.
3. An application shall be submitted to claim compensation. The application shall clearly indicate the victim's name, gender, age, work unit and residence, the name and domicile of the legal person or other organization, and the name and position of the legally-designated representative or principal responsible person; specific requirements, factual basis and rationale; The year, month, and day of the application. Rental.
4. The compensation authority shall provide compensation within two months from the date of receipt of the application; If compensation is not made within the time limit, or the claimant has objections to the amount of compensation, the claimant for administrative compensation may file a lawsuit with the people's court within 3 months from the date of expiration of the period. The person requesting criminal compensation may apply for reconsideration to the organ at the level above within 30 days of the expiration of the period, and the reconsideration organ shall make a decision within two months from the date of receipt of the application. If the applicant is dissatisfied with the reconsideration decision, within 30 days from the date of receipt of the decision, or if the reconsideration organ fails to make a decision within the time limit, within 30 days from the date on which the period expires, the requesting person may apply to the adjudication committee of the people's court at the same level for the location of the reconsideration organ to make a compensation decision.
2. What to do if you are not satisfied with the decision of the state to compensate.
Those who are dissatisfied with the state compensation decision may file an application for litigation, and shall file a lawsuit with the people's court within 3 months of the expiration of the time period, and the organ with the obligation to compensate shall decide whether to compensate within 2 months, and if there is any objection to the amount of compensation, they may apply to the organ at the level above for reconsideration, and if the court cannot decide whether to accept it, the court shall first pre-accept it.
The subject of state compensation includes the claimant and the organ obligated to pay compensation. Among them, the injured citizens, legal persons and other organizations may be the claimants for compensation, and the organs that infringe upon the lawful rights and interests of citizens, legal persons and other organizations in the exercise of their powers and cause damage are the organs with the obligation to compensate. >>>More
In China, state compensation is also a self-contained legal system independent of civil compensation, which is very different from civil compensation, which is manifested in the following aspects: 1. The subject of compensation is different. The subject of state compensation is the state, that is, the state is the bearer of the liability for compensation, but the specific compensation obligation is performed by the statutory compensation obligation organ, the subject of civil compensation is the civil subject, and the subject of compensation is the same as the compensation obligor. >>>More
Answer: State compensation refers to a legal system in which state organs and their functionaries illegally infringe upon the legitimate rights and interests of citizens, legal persons or other organizations and cause damage in the course of exercising their powers, and the state bears the liability for compensation. Among them, state organs refer to state administrative organs, adjudication organs, procuratorial organs, and prison management organs. >>>More
In accordance with the provisions of law, where state organs and their functionaries infringe upon the lawful rights and interests of citizens, legal persons and other organizations in the course of exercising their powers, causing harm, the victim may apply for state compensation. >>>More
This is carried out in accordance with the policy of the state.