If the Executive Directorate does not enforce the judgment and ruling, it does not enforce the reque

Failure to perform official duties in accordance with the law directly complains or reports to superiors. If the circumstances are serious, they will be investigated for criminal responsibility. Suspected of dereliction of duty.

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) 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.

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.

Refusal to enforce compulsory measures such as fines or detention is employed.

1. According to the provisions of the Criminal Law, there are eight 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

2. Fabricating or destroying important evidence related to the judgment debtor'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 from ascertaining the property of the person subject to enforcement, 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 false litigation, false arbitration, false settlement, etc., 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 noise or impact the enforcement site, making enforcement work impossible;

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

Article 313 of the Criminal Law provides that a judgment or ruling of a people's court is capable of being enforced but refuses to do so, and the circumstances are serious, is to be sentenced to up to three years imprisonment, short-term detention or a fine; 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. In any of the following circumstances, a case may be filed:

1) Refers to refusal to enforce a judgment or ruling of a people's court that has the ability to do so. It does not include the obligations that should be performed in the legal documents of the people's court's mediation documents, and the act of refusing to enforce them.

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) Conduct where the circumstances are serious. refers to the following acts: (1) the person subject to enforcement conceals, transfers, intentionally destroys property, or transfers property without compensation, or transfers property at an obviously unreasonable low price, making it impossible to enforce a judgment or ruling; (2) The guarantor or the person subject to enforcement conceals, transfers, intentionally destroys or transfers the property for which the guarantee has been provided to the people's court, making the judgment or ruling unenforceable; (3) After receiving the 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 enforcement conspires with the staff of the state organ to use the authority of the staff of the state organ to obstruct enforcement, making the judgment or ruling impossible to enforce; (5) Other situations where there is the ability to enforce but refusal to do so, and the circumstances are serious.

The crime of refusing to enforce a judgment or ruling refers to the refusal to enforce a judgment or ruling of a people's court where the circumstances are serious.

Generally speaking, it refers to the situation where the applicant for enforcement has the ability to perform the judgment and ruling of the court, but deliberately refuses to perform by means such as transferring property and escaping, causing greater damage to the interests of the applicant for enforcement.

The time limit for applying for enforcement is one year if one of the parties is a citizen, and six months if both parties are legal persons, and in your case it should be one year. Calculated from the last day of the deadline for performance stipulated in the judgment (award); If there is no prescribed time limit, it shall be counted from the date on which the judgment (ruling) takes effect (i.e., the appeal period has passed, and there is no appeal, or the second-instance trial is final).

Refusal to carry out a judgment or ruling only constitutes a crime if the circumstances are serious, as if it is a fixed-term detention of less than three years, a criminal detention or a fine, which does not seem serious here.

After you apply for enforcement in this case, it is estimated that the person in the enforcement court hires someone to remove the bricks, and then the cost is paid by the losing party, and there are many ways to enforce the money, so you don't have to worry.

In addition, the newly revised Civil Procedure Law came into force on April 1, 2008, and the time limit for applying for enforcement is two years.

It depends on the situation. 1. The person subject to enforcement refuses to enforce an effective legal document; 2. Violence or threat of violence to resist court enforcement; 3. Where various forms are used to transfer assets, evade enforcement by the court, etc., the court may detain them, and where the circumstances are serious and the evidence is conclusive that constitutes a refusal to perform on effective legal documents, the court may directly pursue their criminal responsibility.

What should I do if the person subject to enforcement refuses to execute the judgment of the court?

In the following provisions, the law does not specify the amount of the fine for refusal to comply with the court decision. It is advisable to apply to the court for enforcement.

According to article 232 of the Civil Procedure Law, if the person subject to enforcement fails to perform the obligation to pay money within the period specified in the judgment, ruling and other legal documents, the interest on the debt for the period of delayed performance shall be doubled. Where the person subject to enforcement fails to perform other obligations within the period specified in the judgment, ruling, or other legal documents, a penalty for delayed performance shall be paid. The payment of the penalty for delayed performance or the interest on the debt during the period of delayed performance shall be performed by the person subject to enforcement together with the performance of the obligations determined in the legal documents.

Where the person subject to enforcement refuses to perform, compulsory enforcement is to be compulsory.

If something like this has affected your travel, you can apply to the court to enforce it immediately, and you can't wait too long.

There must be a time limit for the court's judgment, requiring him to clean up the bricks at what point, and if the other party still does not execute after this time, then you go to the court to apply for enforcement, and have more relationships with the court's enforcement judge.

China's current legal system is not yet very sound.

If the court's decision is not enforced.

It is up to the judiciary to solve the problem.

The legal entity of the responsible party is to be found.

If a legal person is a natural person, it is easy to say.

If the legal representative shirks it, it will be troublesome.

Don't rush it yet.

Go to your local police.

It seems more practical to do so.

Forced demolition, at his expense, and detention if he refuses or obstructs.

The date on which the judgment is determined refers to the date stated in the judgment; The date of enforcement of the judgment refers to the date on which it is actually delivered to the place of enforcement for enforcement.

On the date on which the judgment is determined, that is, the date on which the judgment takes effect, and the defendant does not raise an appeal or prosecutorial counter-appeal after the first-instance judgment is suspended, under normal circumstances, the date on which the judgment takes effect is the first day after the legally-prescribed 10-day appeal period is completed, and where the last day of the legally-prescribed 10-day appeal period is a holiday, the first day after the holiday is the date on which the period expires, that is, the date on which the probationary period of the suspended sentence begins. Where the defendant submits an appeal or the procuratorate raises a prosecutorial counter-appeal after a first-instance judgment is suspended, and the second-instance trial court upholds the original judgment, the probationary period for the suspended sentence shall be calculated from the date on which the second-instance judgment is determined, and the date on which the judgment is delivered to the defendant.

The date of enforcement of the judgment refers to the date on which the effective judgment is delivered for enforcement. The date of enforcement of the judgment is often after the date on which the judgment is determined, because there is an interval between the two in which the court will hand over the effective judgment to the enforcement organ (such as a prison or public security organ). The term of imprisonment on the date of execution of the sentence is clearly stated in the judgement.

The date on which the judgment is enforced refers to the day on which the judgment actually begins, and the date on which the judgment is determined refers to the day on which the judgment takes effect (where the defendant has not appealed to the procuratorate and has not raised a protest within 10 days after the first-instance judgment of the death penalty is announced, the date on which the judgment is pronounced in the second instance of the non-death penalty judgment is made, and the date on which the judgment is determined is often later than the date on which the judgment is enforced; The suspension of the death penalty from the date on which the verdict is determined is actually a preferential treatment for those on probation of the death penalty, that is, the probation period of the sentence is calculated from the earlier one

There is no time for life imprisonment to be calculated, and it should also be calculated from the date on which the judgment is determined, considering the interests of the criminal suspect

Because if a life sentence is to be commuted, it is required that a period of time has already been served, and the determination of this period of time involves the commencement of the sentence.

Life imprisonment is indefinite, and there is no sentence to calculate. When the indefinite sentence is commuted to a fixed period, it is calculated from the date on which the commutation is reviewed and approved.

The date on which the judgment is determined is the date on which the judgment takes effect

The date of enforcement of the judgment refers to the effective judgment and the date of delivery for enforcement Because there is an interval between the two, the court will deliver the effective judgment to the enforcement organ (such as a prison, public security department, etc.), so the date of enforcement of the judgment is often after the date on which the judgment is determined

These two are of significance in determining the commutation and parole of the original sentence with different punishments

Fix some of the best bugs.

1. The date of enforcement of the judgment shall be subject to the date of issuance of the enforcement notice. It is said that the actual day of imprisonment is spoken.

2. Only when the appeal period has expired and the parties have not appealed, the judgment will take effect, and the best answer is wrong.

After the court judgment, the defendant does not enforce the compensation, and the party may apply for compulsory enforcement.

Article 236 of the Civil Procedure Law: 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 242:Where 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 inquire about the property of the person subject to enforcement, such as deposits, bonds, **, and **shares, from the relevant units. The people's courts have the right to seize, freeze, transfer, or sell the property of the person subject to enforcement according to different circumstances. People's courts must not inquire about, seize, freeze, transfer, or sell property beyond the scope of the obligations that the person subject to enforcement shall perform.

When a people's court decides to seize, freeze, transfer, or convert property, it shall make a ruling and issue a notice of assistance in enforcement, and the relevant units must handle it.

Article 243:Where 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 portion of the income that the person subject to enforcement shall perform on the obligation. 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.

Article 244:Where 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 seal, seize, freeze, auction, or sell the part of the property that the person subject to enforcement shall perform the obligations of. However, the necessities of life for the person subject to enforcement and the family members they support shall be retained.

The people's court shall make a ruling on the adoption of the measures in the preceding paragraph.

Hello for your case, there is no need to appeal.

Didn't you get the judgment, and the judgment has a performance time at the end, that is, the insurance company must pay you the money to be paid to you within that time, otherwise, you can take the effective judgment to the court to apply for enforcement.

When the time comes, the comrades of the Executive Directorate of the Court will help you.

Fill out an application form and you're good to go.

Otherwise, everyone will not fulfill their obligations, and how will the authority of the court be maintained?