Viewpoint... The act of hiding, transferring, intentionally damaging property or transferring property without compensation, and transferring property at an obviously unreasonable low price in the crime of refusing to execute.
Published:
2024-08-05
The author analyzed more than 600 cases by searching the judgment document network, and briefly classified and listed the specific manifestations in the judicial judgment of the property involved in the crime of refusal to hide, transfer, vandalism or free transfer, as well as the transfer of property at an obviously unreasonable low price.
In the legal and judicial interpretation, the provisions on the crime of refusal to execute have been relatively clear. However, in judicial practice, enforcement applicants often lack a clear understanding of the behavior that may constitute the crime of refusal to execute. In order to explore this issue in depth, the author analyzes more than 600 cases by searching the judgment document network, and briefly classifies and lists the specific manifestations of the property hidden, transferred, vandalism or free transfer involved in the crime of refusal to execute, as well as the transfer of property at an obviously unreasonable low price.
1. Collecting, consuming and holding property through a third party to evade court enforcement
Case one:In order to evade court enforcement, Ma Moumou asked his son Tian Mouwen to collect and transfer money in the course of his business, and handed over the business profits to Tian Mouwen for safekeeping.
Case two:From July 17, 2020 to the crime, Hu Mou Gang took the use of Hu Mou Hang, Hu Mou Jiang and other people's bank cards or my WeChat to receive other people's repayment, rent and other payments, and then through the transfer to its use of Chen Mou Yong bank card and other ways to hide, transfer property totaling 233000 yuan.
Case three:In January 2018, the defendants Jiang Yixin and Lu wanted to buy a vehicle for their own use because of their daily needs. In order to evade court enforcement, they bought a Geely Emgrand small car in the name of Jiang Yixin's uncle Li. In order to conceal the property, Jiang Yixin and Lu registered the car in Li's name and used Li's ICBC account to handle the car loan.
Case four:Since 2018, Zhu Moumou has borrowed the qualification of Sanlin Company to contract four projects of Zhengzhou Ludian Substation, Hewan Substation, Gaohuangzhai Substation and Haitang Substation. The four projects have allocated more than 2500 million project funds to Zhu Moumou. Zhu Moumou registered the hardware and building materials business department in the name of his girlfriend Du Mou, and received four project funds in the name of the business department with Du Mou's China Minsheng Bank card.
Case Five:Yan Mou 1 and He Mou Liang started to operate XX Company in partnership in 2021. Yan Mou 1 accounts for 51% of the shares and is responsible for production and operation in the company. In order to avoid debt, Yan 1 let Huang hold his shares in the company on behalf of Huang, and registered Huang as the legal representative of the company. XX Company is in good condition. The balance sheet of the company in July 2023 shows that the total assets are more than 2.42 million yuan, and the undistributed profit is more than 220000 yuan. Yan Mou 1 has a fixed salary and business commission every month in the company, and enjoys dividends from shareholders.
2. Transfer of property to a third person/related person to evade execution
Case:In order to prevent the court's enforcement personnel from freezing and allocating their wages, when the industrial and commercial bank card of China with the tail number 8480 received the monthly salary, Ning immediately transferred the salary to their own consumption expenses by using WeChat under the name of his aunt Ning and the Central Plains bank card with the tail number 4623.
3. Transfer of property through divorce and evasion of court enforcement
Case one:During the civil case litigation, on May 25, 2020, Ning and her husband Feng Mouping agreed to divorce, the two sides agreed to give up their dowry items Gree air conditioning and bedding, the couple's common vehicle Yu G8 **Chery car owned by Feng Mouping. But after the divorce, Ning Moumou still lived with Feng Mouping. On September 24, 2020, the Court issued (2020) Yu 0782 Minchu No. 1047 civil judgment, ordered Ning to compensate Sun for the loss of 529470.68 yuan.
Case two:The court made a civil judgment on November 23, 2020. The defendant Ren Moumou and Li Mou agreed to divorce on November 27, 2020, agreeing that the joint property of the husband and wife shall be owned by Li Mou, and the joint debts of the husband and wife shall be borne by Ren Moumou. Although the agreement occurred before the civil judgment of the court came into effect, it can be inferred that Ren Moumou had intentionally transferred the property.
4. Hiding his whereabouts and evading court enforcement
Case one:On July 12, 2021, the People's Court of Linyi High-tech Industrial Development Zone issued a civil judgment, ruling that the defendant Li Mou1 should return Sun Mouwen's house purchase price of 235000 yuan and interest, and served multiple execution notices and other relevant legal documents in accordance with the law. After the judgment came into effect, the defendant Li Mou1 refused to implement the effective judgment of the People's Court of Linyi High-tech Industrial Development Zone by hiding his whereabouts, changing contact information, and using WeChat to hide property with other people's identity information.
Case two:After the judgment came into effect, the defendant Wang, in order to avoid fulfilling the contents determined by the judgment of the people's court, left his place of residence, changed his telephone number and went to Taiyuan, Shaanxi and other places to work and do small business. In order to avoid fulfilling the judgment of the people's court, the defendant yang mou moved from XXX village to XXX village and built a new house and invested in pig raising business in cat village. during this period, both defendants were able to fulfill but failed to fulfill the obligations that the people's court should fulfill.
5. Illegal disposal of seized property and evasion of execution
Case:On November 20, 2020, the court made an enforcement ruling to renew the property for a period of three years. On May 6, 2022, the defendant Wang Moumou, knowing that the property was seized by the court, still sold the property to Zhang at a price of 280000 yuan, and the proceeds were used for daily life. In September 2022, after the Heyang County People's Court auctioned off the property under Wang's name, Zhang filed an objection to the court's enforcement, which made the case unenforceable.
6. Repayment of other debts not determined by court judgment or ruling
Case one:From November 2019 to March 2021, Hu, in order to evade execution and transfer property, instructed Liu 2 to transfer the 1.37 million yuan from the demolition and sale of the steel structure plant into the bank account of others designated by him in batches, and then used to repay other debts not determined by court judgment or ruling totaling 474800 yuan. Because Hu did not use the above-mentioned money to repay the loan he owed Chen, the relevant judgment and ruling could not be enforced.
Case two:On June 2, 2021, the defendant Bao Moumou sold the car purchased during his marriage with Zhao Moumou to Bao Mou1 at a price of 130000 yuan, and went through the transfer and other related procedures on August 12 of the same year. Bao used the car money to repay other arrears that had not been judged or ruled by the court.
7. Create a false burden of rights and reduce the value of property.
Case:In September 2012, Ningbo Jiejiawen Garment Co., Ltd. operated by defendant Huang Moumou borrowed RMB 20 million from Cixi Branch of China Merchants Bank, and provided the company's factory located in Longtongue Village, Kuangyan Town, Cixi City and the defendant Huang Moumou's real estate located in No. 55 and 56 Fuhao Home, Gaojia Village, Kuangyan Town, Cixi City as collateral, and the defendant Huang Moumou and others assumed the guarantee responsibility... In March 2015, because Ningbo Jiejiawen Company failed to fulfill the mediation agreement, cixi Sub-branch of China Merchants Bank applied to Cixi People's Court for compulsory execution, and entrusted Xu Wenjie and others as agents of the execution case. The entrustment authority was specially authorized agent. Xu Wenjie proposed to the defendant Huang Moumou to set up false long-term lease relationships on the real estate of Longtongue Village in Kuangyan Town, Cixi City and the real estate of 55 and 56 Fuhao Home in Gaojia Village, Kuangyan Town, Cixi City, the intention was to seriously reduce the judicial auction price of the above-mentioned collateral, which was won by the defendant Huang at a low price, and the defendant Huang agreed and forged false lease contracts and rent payment vouchers. Xu Wenjie helped the defendant Huang Moumou to ask the judge of Cixi Court to confirm that the false long-term lease relationship set by the defendant Huang Moumou and others on the above collateral was a valid lease and the illegal buildings were removed from the auction assets, intending to seriously reduce the judicial auction price of the above collateral, which was won by the defendant Huang Moumou at a low price. Later, the defendant Huang Moumou asked the judge of Cixi Court through Xu Wenjie, as a result, the above-mentioned mortgaged real estate was leased and entered the judicial auction process. The above-mentioned mortgaged real estate involved in the case was sold in three judicial auctions. In January 2016, the defendant Huang Moumou won the factory building in Longtongue Village, Kuangyan Town, Cixi City through Hu Weiwei at a transaction price of RMB 8.465 million yuan, and his son Huang Mou won the properties in Fuhao Jiayuan 55 and 56 in Gaojia Village, Kuangyan Town, Cixi City at a transaction price of RMB 2.825 million yuan. According to the price determination of Ningbo Price Certification Center, the market transaction prices of the real estate in Longtongue Village, Kuangyan Town, Cixi City, and the real estate at No. 55 and No. 56 Fuhao Home, Gaojia Village, Kuangyan Town, Cixi City on the price determination benchmark date in May 2015 were RMB 15.6882 million Yuan and RMB 3.9746 million Yuan respectively. Defendant Huang Moumou and others caused the court to rule that the amount could not be enforced reached 8.3728 million yuan.
8. Free, obviously unreasonable transfer of property at a low price.
Case one:In April 2022, the defendant Zhao changed his name of Henan Xiancheng Construction Engineering Co., Ltd. to an free of charge, while the company was still under his actual control and normal operation.
Case two:On February 3, 2021, the defendant Zhu Moumou transferred a property under his name to his son at a price significantly lower than the market price before the execution of the case after the accident.
Conclusion
In practice, the person subject to execution often takes a variety of ways to implement the behavior of refusing to execute the judgment or ruling. If the executor finds that the person subject to execution uses the above methods to hide or transfer property, he can fix the evidence in time and provide corresponding clues to the judicial organs in time to protect his legitimate rights and interests.
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