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No.6 of Nine Representative Cases Published by the Supreme People's Court concerning Evasion of Enforcement: People's Procuratorate of Haidian District, Beijing v. Zhou Mingli (case of refusal to execute a court judgment or ruling)
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最高人民法院公布九起反规避执行典型案例之六：周明利拒不执行判决、裁定案
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No.6 of Nine Representative Cases Published by the Supreme People's Court concerning Evasion of Enforcement: People's Procuratorate of Haidian District, Beijing v. Zhou Mingli (case of refusal to execute a court judgment or ruling)
(case of refusal to execute a court judgment or ruling)
最高人民法院公布九起反规避执行典型案例之六：周明利拒不执行判决、裁定案
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| No.6 of Nine Representative Cases Published by the Supreme People's Court concerning Evasion of Enforcement: People's Procuratorate of Haidian District, Beijing v. Zhou Mingli (case of refusal to execute a court judgment or ruling) | | 最高人民法院公布九起反规避执行典型案例之六：周明利拒不执行判决、裁定案 |
[Case Summary] Defendant: Zhou Mingli, male, Han Chinese, born in Dangshan County, Anhui Province on April 6, 1972, with an educational background of middle school, farmer, temporarily domiciled at Tundian Village, Yongfeng Township, Haidian District, Beijing before arrest. | |
【案情摘要】被告人周明利，男，汉族，1972年4月6日出生于安徽省砀山县，初中文化，农民，捕前暂住于北京市海淀区永丰乡屯佃村。 |
On July 20, 2007, in a traffic accident at Brick Works intersection, Taizhouwu East Road, Haidian District, Beijing, the Geely car (Jing HQ4771) driven by Zhou Mingli injured Sun Ailong, a pedestrian. As determined by the traffic administration, Zhou Mingli should be solely liable for the traffic accident. Sun Ailong subsequently brought an action in the People's Court of Haidian District, Beijing against Zhou Mingli. On June 18, 2008, this court ordered Zhou Mingli to compensate Sun Ailong in an amount of 43,398.26 yuan. | |
2007年7月20日，被告人周明利驾驶车牌号为京HQ4771的吉利牌小客车在北京市海淀区太舟坞东路砖瓦厂路口发生交通事故，将行人孙爱龙撞伤。经交通管理部门认定，周明利负事故全部责任。后孙爱龙将周明利诉至北京市海淀区人民法院，北京市海淀区人民法院于2008年6月18日判令周明利赔偿孙爱龙人民币43398.26元。 |
After the aforesaid judgment came into force, Zhou Mingli received 62,872.3 yuan accident compensation from Anbang Insurance Co. Ltd. Instead of performing his obligation to compensate Sun Ailong, he used the money for other purposes. After learning that Sun Ailong applied for enforcement, he went through the registration procedure to transfer the Geely car owned by him to another person. On August 15, 2008, Zhou Mingli was summoned to the People's Court of Haidian District, Beijing, and admitted to his transfer of property with the intent of evading enforcement. On the same day, the People's Court of Haidian District, Beijing ordered detention of Zhou Mingli, and he was transferred to the public security organ.
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上述判决生效期间，周明利从安邦财产保险股份有限公司领取事故赔偿款人民币62872.3元，但并未履行对孙爱龙的赔偿义务，而是挪作他用。其在得知孙爱龙申请执行后，又将所有的吉利牌小客车过户到他人名下。2008年8月15日，周明利被传唤至北京市海淀区人民法院后，如实交代了其为逃避执行而转移财产的行为。同日，周明利被北京市海淀区人民法院决定司法拘留，后被移送公安机关。
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