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Although it is not illegal, it is not recommended to do so, and it is recommended to use the law to solve the problem through legal procedures. If you just sit and do not take the initiative to sabotage or interfere with the normal order of production and work, and do not destroy the property and personnel of the unit, it is not illegal; If there is a disruption to the production order of the unit, it may constitute a crime.
Legal analysis
Mere meditation is generally not against the law. If the unit is an ordinary unit, rather than a unit that involves secrets or does not allow outsiders to enter and exit at will, first of all, there are no prohibitions in the civil law and administrative law, and the "crime of illegal invasion of a dwelling" in the criminal law is also not in line with it, because the crime of trespassing into a dwelling in the criminal law emphasizes the invasion of another person's home or home, rather than a public workplace, so it does not violate the criminal law.
However, if it is a forcible entry into a unit that does not allow outsiders to enter at will, a unit with access control, or a unit that involves secrets, it may bear administrative responsibility, and the public security may fine, detain, reprimand and other responsibilities for the person responsible.
Finally, if it is not just a simple sit-in, but also destroys the unit in the process of production and operation, resulting in the destruction of the normal production order of the unit, it constitutes a crime and criminal responsibility is investigated in accordance with the law.
Although the sit-in is generally not illegal, it cannot solve the actual problem, so it is recommended to actively negotiate and communicate with the debtor, or take legal means to solve the problem.
Personal Advice] It is recommended to take legal action to solve the problem.
Legal basis
Article 276 of the Criminal Law of the People's Republic of China: Whoever, for revenge or other personal purposes, destroys machinery and equipment, mutilates farm animals, or otherwise destroys production and operation, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release; where the circumstances are serious, the sentence is between three and seven years imprisonment. Article 276-1 Whoever evades the payment of laborers' labor remuneration by means such as transferring property, escaping, etc., or has the ability to pay but fails to pay laborers' labor remuneration, and the amount is relatively large, and the payment is still not made after being ordered to do so by the relevant departments, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where serious consequences are caused, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
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.
Where there are acts in the preceding two paragraphs, but serious consequences have not yet been caused, and the laborer's labor remuneration is paid before the public prosecution is initiated, and the corresponding liability for compensation is borne in accordance with law, the punishment may be commuted or waived.
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If someone owes money and you go to the other party's unit to sit, if there is no excesses and does not have an impact on the other party's work and life, it is not illegal, if it has an impact on the lives of others, it is a kind of excesses, and it is not advisable.
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In this case, if you do not interfere with the other party's business order, it is not illegal. However, if it interferes with the business order of the other party, it is a violation of the public security regulations in the civil law. If someone owes you money, you can get it back through legal means, or you can sue in court.
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In this case, you can file a civil lawsuit in your local district or county court to demand repayment of the amount owed.
If you win the case, you can also apply to the court to enforce the effective judgment if the other party does not enforce the effective judgment.
Don't go to the other party's unit to sit, although it is not illegal, it is not a very beautiful scene.
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He owes you money, you go to his unit to sit, what's the use of you sitting, you don't break the law by sitting, if you do something else, then you break the law, then you sit, or don't you get money?
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It is not illegal to sit, as long as it does not touch the bottom line of the law.
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Someone owes me money, and I pull something from him illegally. If someone owes money and does not pay it back, they can't move their things as collateral, and if the money owed is not a civil dispute, then it can be resolved through court litigation, and the arrears must be recovered through legal channels. After winning the lawsuit, if the other party Chi Lingqi still does not perform, he can apply to the court to compel the code inspection and enforcement.
First of all, there must be evidence to prove the fact of arrears, IOUs, IOUs, audio and video recordings and other written materials that may reflect the arrears, and if they do not repay through negotiation, they must go to the court to sue for repayment and payment of interest. If the court still refuses to enforce the judgment, it may request the court to seal up the auction, and the court may inquire whether there is any real estate, vehicle, or deposit in his name, and seal or freeze it for enforcement.
Constitution of the People's Republic of China
Article 13. The lawful private property of citizens is inviolable. The State protects citizens' private property rights and inheritance rights in accordance with the provisions of law.
For the needs of the public interest, the State may, in accordance with the provisions of law, expropriate or expropriate citizens' private property and give compensation. "Civil Procedure Law of the People's Republic of China" Article 242: If 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 inquire about the property of the person subject to enforcement, such as deposits, bonds, **, **shares, etc. 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.
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Legal analysis: This is an illegal act, and if you owe money and don't pay it back, the right way is to go to court to sue him, or even sue him for fraud. If you use this method to fight for your own debts, you will be detained at least and will be guilty of a criminal offense.
Legal basis: Article 245 of the Criminal Law of the People's Republic of China: Whoever illegally searches another person's body or residence, or illegally trespasses into another person's home, is to be sentenced to up to three years imprisonment or short-term detention.
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Legal analysis: 1. You can sue the court for repayment, and the court will make a judgment in accordance with the law. 2. After winning the lawsuit, if the other party refuses to perform, the winning party may apply to the people's court for enforcement, or the judge may transfer it to the executor for enforcement.
3. After accepting the compulsory enforcement, the court will inquire about the real estate, vehicles, ** and deposits in the name of the debtor in accordance with the law. 4. Where the person subject to enforcement does not perform the obligations set forth in the legal documents, the people's court may take or notify the relevant units to assist in the adoption of restrictions on leaving the country, record and publish information on non-performance of obligations in the credit reporting system, and other measures provided for by law. 5. In cases where there is the ability to refuse to enforce the judgment, it is suspected of the crime of refusing to enforce the judgment or ruling.
Legal basis: "Criminal Law of the People's Republic of China" Article 313 Where a people's court's judgment or ruling is capable of complying with the law but refuses 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.
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What should I do if someone else doesn't pay back the money they owe you? If you really have evidence, there are IOUs. You can sue him. It's very good to protect yourself with the ** of the law.