Can I be detained in a civil lawsuit? Can I be detained for civil disputes

The facts of the case that need to be ascertained include: (1) the identity of the criminal suspect; (2) Whether there is criminal conduct that has been filed and investigated; (3) Whether the criminal conduct filed and investigated was committed by the criminal suspect; (4) The motive and purpose of the criminal suspect's criminal conduct; (5) The time, place, methods, consequences, and other circumstances of the criminal conduct; (6) The responsibility of the criminal suspect and his relationship with other co-defendants;

If you don't sign, it means that you have objections to the result, but if you don't sign, it doesn't mean that the court's judgment does not take effect.

The court cannot force you to sign and stamp. But not signing does not mean that you will be detained. Public security detention is carried out only in cases where it is against the law. It is not illegal for you not to sign, how far away is the specific air conditioner from others, the regulations are different in various places, you can look for the relevant documents to see.

The judge is right, there are some things that the people do not sue and the officials do not prosecute.

If you feel that his shelf affects your safety, you can also go to the court to sue the other party, and the other party sues you, which is two different things, and does not affect each other. But when suing the other party, there must be a reason, for example, the thief may follow the shelf to your house, affecting your safety, etc.

The court's decision is mandatory, even though your lawsuit is a civil action.

But the court's verdict came down, and it was for you to change the place where the air conditioner was installed. If you refuse to comply with the court's judgment within the prescribed time, the court has the right to take you into judicial custody in accordance with the provisions of the "Offence of Refusal to Comply with the Court's Judgment".

The court forcibly demolished your air conditioner, as long as the bailiff has the effective judgment of the court, they can forcibly demolish the air conditioner in your home, but the premise is that you do not fulfill the judgment within the time specified in the court judgment, if you stop it, you can really get the crime of obstructing official business and detain you.

Now that the court has decided, let you move the air conditioner to a place, then admit it, the husband can bend and stretch, face is important, but it is not important to really lose face, and such a civil dispute, if it is really your air conditioner does not affect people, the court cannot judge like this.

The court judgment does not need you to sign, as long as the other party applies for enforcement, the court can forcibly demolish it. If you fail to comply with your obligations, the court may place you in judicial custody.

Those who obstruct courtroom order during the course of litigation, provide or fabricate false evidence, and refuse to enforce the judgment after it has been made, may be detained.

Whether you sign or not does not affect the validity of the judgment, under normal circumstances, if the court makes a judgment and you do not enforce it, the court has the power to enforce it.

Is it necessary to be detained for the first execution.

Legal Analysis: Yes, civil detention is up to 15 days. The people's courts shall punish those who violate the provisions of law.

Legal basis: Article 110 of the Civil Procedure Law of the People's Republic of China: Litigation participants and other persons shall abide by court rules. People's courts may admonish those who violate court rules, order them to leave the courtroom, or impose fines or detention.

The people's courts shall pursue criminal responsibility in accordance with law for those who make a disturbance in the brigade, storm the courtroom, insult, slander, threaten, or beat the adjudicators, and seriously disrupt the order of the court; where the circumstances are more minor, they are to be fined or detained and returned.

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Civil litigation does not directly result in detention. Civil litigation refers to the activities of the people's courts in handling civil disputes in accordance with the provisions of the Civil Procedure Law. In civil litigation, measures such as property preservation and enforcement are generally used to ensure the smooth progress of the case, rather than directly detaining the parties.

Will there be direct detention in a civil lawsuit.

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Civil litigation does not directly result in detention. Civil litigation refers to the activities of the people's courts in handling civil disputes in accordance with the provisions of the Civil Procedure Law. In civil litigation, measures such as property preservation and enforcement are generally used to ensure the smooth progress of the case, rather than directly detaining the parties.

The legal basis is as follows: Article 42 of the Civil Procedure Law stipulates that if a party commits any of the following acts, the people's court may order it to make corrections or withdraw its litigation claims and arguments in accordance with legal procedures

1) The litigation demands or arguments do not comply with the provisions of law; (2) Initiating litigation in bad faith, repeatedly initiating litigation, or abusing litigation rights; (3) Refusal to perform obligations set forth in legal documents; (4) Other conduct that obstructs the fair conduct of litigation. If the parties do not make corrections or do not withdraw, the people's court may make a ruling in accordance with law. If a party violates the ruling, the people's court may take compulsory measures in accordance with law.

In civil litigation, measures such as property preservation and enforcement are generally used to ensure the smooth progress of the case, rather than directly detaining the parties. The person in administrative or criminal detention is illegal because he has violated the court's judgments, rulings and other legal documents and refused to perform his obligations.

Summary. Kiss <>

According to article 22 of the Civil Procedure Law of the People's Republic of China, if a party in a civil lawsuit fails to perform the obligations determined by a court judgment, ruling or mediation document, and still fails to perform after being reminded, it may apply for compulsory enforcement, but compulsory measures such as detention must not be employed. Therefore, a party in a civil lawsuit will not be directly detained for non-compliance with a court judgment, ruling or mediation agreement. <>

Will there be direct detention in a civil lawsuit.

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There will be no direct detention in civil lawsuits. <>

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According to Article 22 of the Civil Procedure Law of the People's Republic of China, if a party in a civil lawsuit fails to perform the obligations determined by the judgment, ruling or mediation document of the noisy court, and still fails to perform after being reminded, it may apply for compulsory enforcement, but compulsory measures such as detention shall not be employed. Therefore, the parties in a civil action will not be directly detained for non-compliance with court judgments, rulings or mediation agreements. <>

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In addition, it should be noted that the enforcement measures in civil litigation include property inspection, freezing, seizure, auction, etc., but do not include compulsory measures such as detention. If the conduct of the parties involves a criminal offense, criminal responsibility shall be pursued in accordance with law. <>

<> kiss, is there anything else you don't understand? Tell me more about your situation and I'll answer for you. <>

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In addition, it should be noted that the enforcement measures in civil litigation include property inspection, freezing, seizure, auction, etc., but do not include compulsory measures such as detention. If the conduct of the parties involves a criminal offense, criminal responsibility shall be pursued in accordance with law. <>

<>That's the case now.

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Has it been characterized as a criminal offense?

Not sure it's just a freeze on the account.

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Then you won't be detained, oh <

However, the request for detention has already been submitted to the court.

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If the other party has applied to the court for detention, the court will review it according to the specific circumstances, and if it does not comply with the law, the court will not agree to detain the person and order Liang to stay. If the court agrees to detain, then the detained person may appeal to the court with several leniencies. <>

If the detention is established, will it affect the child's schooling?

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No, unless it is suspected of a crime, it will have an impact on the child's schooling. <>

<>Even if the court decides that the dishonest executor is still detained, will it not affect the child's study?

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In this way, it will affect the child's future entry into public institutions<

Summary. If the investigation of a civil lawsuit is clear that there is a violation, they will be directly detained, and the civil dispute will be subject to administrative detention or judicial detention, but will not be criminally detained. There must be a refusal to perform the obligation.

This is a prerequisite for the enforcement personnel to make a detention ruling, if the detainee does not refuse to perform the obligation, he cannot be detained, this is clearly stipulated in the Civil Procedure Law, in practice, some enforcement personnel turn detention into a means of enforcement, without a detailed investigation of the parties' property or take measures such as sealing, seizure, auction, etc., to use detention as a way to test the ability of the person subject to enforcement to perform or to give an explanation to the applicant, which violates legal procedures, which is a serious mistake

If the investigation of a civil lawsuit is clear that there is a violation, they will be directly detained, and the civil dispute will be subject to administrative detention or judicial detention, but will not be criminally detained. There must be a refusal to fulfill the obligations of the slag eggplant. This is a prerequisite for the enforcement personnel to make a detention ruling, if the person detained by the previous investigation does not refuse to perform the obligation, he cannot be detained, this is clearly stipulated in the Civil Procedure Law, in practice, some enforcement personnel turn detention into a means of enforcement, without a detailed investigation of the party's property or take measures such as sealing, seizure, auction, etc., to use detention as a method to test the ability of the person subject to enforcement to perform or to give an explanation to the applicant, which violates legal procedures, and is a serious mistake

If the circumstances of the civil dispute are serious, the general civil dispute will be administratively detained or detained by Si Chunlafa, but it will not involve criminal detention, and the relevant laws and regulations need to be complied with when dealing with the civil case. In civil cases, the institution shall complete the appraisal of the entrusted matter within 30 working days from the date of signing the judicial appraisal agreement with the client

Dear, what is the specific situation?

Owed money to someone was sued.

If you owe money, you will generally not be detained, and the verdict will usually be that you will be asked to pay it back.

Lawyer mediation: repay the money within the specified time, and now the time is up, I still don't have the money to pay back, and the lawyer said that the only way to do it is to enforce the detention.

Has it been enforced against you before? Is there any auction of the property in your name?

No, the lawyer said that if the money is not returned on the 15th of this month, he will be forced to be detained for fifteen days.

Generally, the property in your name is investigated first, and if there is an auction, it will be auctioned.

Can't you be detained directly?

If you really don't have money, you won't be detained. Those who are able to do so but refuse to do so will be detained.

So how did the lawyer tell me that I should be directly detained for 15 days? And if you don't pay it back, you're detained four times a year.

You have to ask your lawyer about this, the law says that you will only be detained if you have money that you do not pay back or if you have transferred property.

Detention can be granted for civil disputes, as follows:

1. The public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, where the circumstances are relatively minor. If the public security organ mediates and the parties reach an agreement, they are not to be punished;

2. If no agreement is reached through mediation or no performance is reached after reaching an agreement, the public security organ shall punish the violator of the administration of public security in accordance with relevant provisions, and inform the parties that they may file a civil lawsuit with the people's court in accordance with the law on the civil dispute.

Legal basisArticle 102 of the Civil Procedure Law of the People's Republic of China.

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