| Six Model Cases regarding Refusal to Enforce a Judgment or Ruling upon Legal Trial Punished by the Supreme People's Court | | 最高人民法院发布6起依法审理拒执刑案典型案例 |
| (November 11, 2016) | | （2016年11月30日） |
| Table of Contents | | 目录 |
| 1. Public Prosecution Case regarding Jiang Hongqing's Refusal to Enforce a Judgment or Ruling | | 1.蒋红庆拒不执行判决、裁定公诉案 |
| 2. Public Prosecution Case regarding Zhang Wenmiao's Refusal to Enforce a Judgment or Ruling | | 2.张文苗拒不执行判决、裁定公诉案 |
| 3. Public Prosecution Case regarding Han Yingchao's Refusal to Enforce a Judgment or Ruling | | 3.韩应超拒不执行判决、裁定公诉案 |
| 4. Public Prosecution Case regarding Wang Renhua's Refusal to Enforce a Judgment or Ruling | | 4.王仁华拒不执行判决、裁定公诉案 |
| 5. Private Prosecution Case regarding Beijing Nuoyuan Construction Engineering Co., Ltd. and Zheng Rumei's Refusal to Enforce a Judgment or Ruling | | 5.北京诺缘建筑工程有限公司、郑汝妹拒不执行判决、裁定自诉案 |
| 6. Case regarding Zhang Qingguo's Illegal Disposal of Seized Properties | | 6.张庆国非法处置查封的财产案 |
| Public Prosecution Case regarding Jiang Hongqing's Refusal to Enforce a Judgment or Ruling | | 蒋红庆拒不执行判决、裁定公诉案 |
| -- For avoiding enforcement and transferring properties, the person subject to enforcement was sentenced to a fixed-term imprisonment of six months with a one-year suspension of execution | | --被执行人躲避执行，转移财产，依法被判处有期徒刑六个月，缓刑一年 |
| (1) Basic Facts | | （一）基本案情 |
| For a lawsuit regarding disputes over private lending filed by Lin Zhipeng against Jiang Hongqing and Hu Guyue, on November 28, 2013, the People's Court of Danyang City, Jiangsu Province rendered a civil judgment (No. 3538 [2013], First, Civil Division, Danyang) that defendants Jiang Hongqing and Hu Guyue (husband and wife) should repay plaintiff Lin Zhipeng the loan of CNY 50,000. On December 20 of the same year, the People's Court of Danyang City served the judgment upon defendants and the judgment has come into force on February 11, 2014. On February 14, 2014, Lin Zhipeng filed an application for enforcement with the Court. After the application for enforcement was placed on file, the People's Court of Danyang City issued a notice on enforcement, a notice on property declaration, and a court summon in a timely manner, but the whereabouts of the person subject to enforcement were unknown. Upon inquiry of properties of the person subject to enforcement, it was discovered that there was no property for enforcement. However, on January 26, 2014, Jiang Hongqing sold a house under his name and on March 7, 2014, he received the house payment of CNY 385,000 and this sum of money was immediately used to repay other debts, make investment and do business in other's name, and spend personal living expenses. On the ground of a suspected crime, the People's Court of Danyang City transferred this case to the Public Security Bureau of Danyang City for criminal investigation. The Public Security Bureau of Danyang City placed the case on file in a timely manner and captured the person subject to enforcement Jiang Hongqing by means of online pursuit. After being captured by the public security authority, Jiang Hongqing truthfully confessed to the aforesaid facts and repaid the debt owed to Lin Zhipeng. | | 林志鹏诉蒋红庆、胡古月民间借贷纠纷一案，江苏省丹阳市人民法院于2013年11月28日作出（2013）丹民初字第3538号民事判决，判决被告蒋红庆、胡古月夫妇向原告林志鹏返还借款50000元。同年12月20日，丹阳市人民法院向被告公告送达了判决书，2014年2月11日发生法律效力，林志鹏于2014年2月14日向法院申请强制执行。丹阳市人民法院立案执行后，及时发出执行通知书、财产申报通知书和传票，被执行人下落不明。经对被执行人的财产进行查询，发现无可供执行的财产，但蒋红庆于2014年1月26日，出售了其名下房产，2014年3月7日收得房款385000元，随即用该款偿还其他债务、以他人名义投资经商以及用于个人生活花销等。丹阳市人民法院以涉嫌犯罪为由，将该案移送丹阳市公安局立案侦查，丹阳市公安局及时立案，并通过网上追逃，抓获被执行人蒋红庆。蒋红庆被公安机关抓获归案后，如实供述了前述事实，并清偿了对林志鹏的债务。 |
| After a trial, the People's Court of Danyang City held that defendant Jiang Hongqing was capable of enforcing the judgment rendered by the people's court, but he refused to enforce it. With serious circumstances, his acts have constituted the crime of refusing to enforce a judgment and he should be given a criminal penalty according to the law. After being captured, defendant Jiang Hongqing truthfully confessed to his crime and therefore he may be given a lighter punishment according to the law; since he has performed all enforcement obligations after the case was exposed, he may be given a lighter punishment on the actual circumstances in sentencing and he satisfied the conditions for the application of probation. The People's Court of Danyang City sentenced Jiang Hongqing to a fixed-term imprisonment of six months with a one-year suspension of execution according to the law. | | 丹阳市人民法院经审理认为，被告人蒋红庆对人民法院的判决有能力执行而拒不执行，情节严重，其行为已构成拒不执行判决罪，依法应予刑罚处罚。被告人蒋红庆归案后如实供述了自己的罪行，依法可从轻处罚；其已于案发后履行了全部执行义务，量刑时可酌情从轻处罚，并符合缓刑适用条件。依法判处蒋红庆有期徒刑六个月，缓刑一年。 |
| (2) Significance | | （二）典型意义 |
| The person subject to enforcement avoided enforcement and his whereabouts were unknown. Although he transferred the house before the judgment came into force, he received the house payment after the case entered the enforcement procedure and the house payment was used for other purposes. The person subject to enforcement had obvious subjective intent of resisting enforcement and fell under the circumstance where a person was capable of enforcing a judgment but resisted enforcement. Therefore, the person subject to enforcement should be given a criminal penalty according to the law. Considering that the person subject to enforcement fell under the circumstance for lighter punishment, he was granted probation according to the law, which has achieved good legal effects and social effects. | | 被执行人躲避执行，下落不明，虽然在判决生效前转让房屋，但在进入执行程序后收得房款，且所收房款用作他用，并未履行判决义务，具有明显的抗拒执行的主观故意，属于有执行能力而抗拒执行情形，依法应予以刑事处罚。鉴于具有从轻处罚情节，依法对被执行人判处缓刑，取得了良好的法律效果和社会效果。 |
| Public Prosecution Case regarding Zhang Wenmiao's Refusal to Enforce a Judgment or Ruling | | 文苗拒不执行判决、裁定公诉案 |
| --The person subject to enforcement refused to move out of the house, abused and assaulted the enforcement personnel. Considering that the person subject to enforcement fell under the circumstance for lighter punishment, he was sentenced to a detention of five months and ten days according to the law. | | --被执行人拒不迁出房屋，谩骂、殴打执行人员，鉴于有从轻情节，依法被判处拘役五个月零十日 |
| (1) Basic Facts | | （一）基本案情 |
| On June 28, 2012, the People's Court of Daguan District, Anqing City, Anhui Province rendered a judgment that the divorce between Zhang Wenmiao and Zha Junying was approved and the house (Room No. 103 in Building No. 7 located in South Lane No. 1, Shifu Road, Daguan District) was owned by Zha Junying. After the civil judgment came into force, on January 30, 2013, Zha Junying filed an application for enforcement of house delivery. On May 6, 2013, the People's Court of Daguan District issued a notice on enforcement to the person subject to enforcement Zhang Wenmiao and informed Zhang Wenmiao of delivering the house according to the obligations as determined in the civil judgment. Zhang Wenmiao refused to sign the notice for receipt and abused the service personnel. On October 25, 2013, the Court posted an announcement in the house where Zhang Wenmiao resided and ordered Zhang Wenmiao to move out of the house within a prescribed time limit. If Zhang Wenmiao still refused to enforce the judgment, the Court would enforce it according to the law. On the same day, Zhang Wenmiao abused the court personnel and kept the court personnel from pasting the announcement by swinging a stick in hand inside the house. On January 14, 2014, the enforcement personnel from the People's Court of Daguan District imposed a compulsory move measure on Zhang Wenmiao. Zhang Wenmiao got emotional and assaulted the case-handling personnel and caused the injury and bleeding of one case-handling personnel in the mouth. | | 2012年6月28日，安徽省安庆市大观区人民法院判决张文苗与查俊英离婚，并将该市大观区市府路南一巷7栋103室房产的所有权判决给查俊英。民事判决生效后，查俊英于2013年1月30日申请对该房屋强制执行。2013年5月6日，大观区人民法院向被执行人张文苗发出执行通知书，告知其要按照民事判决书确定的义务交付房屋，被执行人张文苗拒不签收通知书，并对送达人员进行谩骂。2013年10月25日，法院在张文苗居住房屋处张贴公告，责令张文苗在指定期间迁出该房屋，到期仍不履行的，将依法强制执行。当天，张文苗对法院工作人员谩骂，并在屋内手持木棍挥舞，不让法院工作人员张贴公告。2014年1月14日，大观区人民法院执行人员对张文苗采取强制搬迁措施，张文苗情绪激动并殴打办案人员，致使一名办案人员嘴部受伤流血。 |
On July 27, 2015, the person subject to enforcement Zhang Wenmiao was captured by the public security authority and the procuratorial authority instituted a public prosecution. After a trial, the People's Court of Daguan District held that defendant Zhang Wenmiao was capable of enforcing the effective judgment rendered by the people's court, but he refused to enforce it. With serious circumstances, his acts have constituted the crime of refusing to enforce a judgment or ruling. Considering that this case was caused by marriage and family disputes and the judgment has been enforced, defendant should be given a lighter punishment on the actual circumstances. The People's Court of Daguan District sentenced defendant Zhang Wenmiao to a detention of five months and ten days according to the law.
．．．．．． | | 2015年7月27日，被执行人张文苗被公安机关抓获归案，后检察机关提起公诉。大观区人民法院经审理认为，被告人张文苗对人民法院生效判决有能力执行而拒不执行，情节严重，其行为已构成拒不执行判决、裁定罪。鉴于本案系婚姻、家庭纠纷引起且已履行完毕，酌情对被告人予以从轻处罚。依法判处被告人张文苗拘役五个月零十日。
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