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Notice of Compulsory Measures against Civil Litigation
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  发布时间:2022-05-07 18:00:44 打印 字号: | |

To protect your and others legal rights and interests against infringement of civil litigation and ensure the smooth progress of civil proceeding, we provide you with instructions on compulsory measures against civil litigation. Please read and ensure you fully understand everything.

 

1. You must Comply with the Following Rules when Participating in Litigation   

1.1 If a defendant who is required to appear in court has been summoned twice but refuse to appear in court without justified reasons, he may be summoned by warrant.   

1.2 The court may reprimand any person who violates the rules of the court and order him to withdraw from the court, or to impose a fine and detain him. Any person who vandalizes the court, insults, slanders, threatens or assaults the judicial personnel, or seriously disrupts the court proceeding shall be held criminally responsibility in accordance with law; If the offences are minor, he shall be fined or detained.

1.3 If litigation participants or other persons engage in any of the following, the peoples court may impose a fine and detain them in accordance with the seriousness of the circumstances; if any other acts constitute a crime, they shall be held criminally responsibility in accordance with law:

(1)If they forge or destroy important evidence and hinder the Peoples Court from hearing the case;

(2)If they prevent witnesses from testifying by means of violence, threat or bribery, or suborn or coerce others to commit perjury;

(3)If they conceal, transfer, sell or destroy the property that has been seized, or if the property that has been seized and ordered to be safeguarded, or transferred any the property that has been frozen;

(4) If they insult, slander, frame, beat or take revenge of the judicial staff, litigation participant witnesses, translators, appraisers, investigators or the persons who assist in the implementation of the process;

(5)If they prevent the judicial staff from performing their duties by means of violence, threat or other measures;

(6)If they refuse to perform the judgment or order made by a people's court that has already been legally effective.

If a unit has any act stipulated in the preceding rules, the peoples court may impose a fine and detain the principal or direct responsible person; if a crime is constituted, they shall be held criminally responsibility in accordance with the law.

1.4 If the parties maliciously collude and attempt to infringe the legitimate rights and interests of others through litigation or mediation, the peoples court shall dismiss the request and fine on or detain the offender according to the seriousness of the circumstances; if a crime is constituted, they shall be held criminally responsibility in accordance with the law.

 

2. When the Case is Implemented, you must Observe the Following Rules

2.1 If the person subjected to enforcement has maliciously colluded with other people, and avoided carrying out the obligations specified in the legal instruments by means of litigation, arbitration or mediation, the People's Court shall impose a fine and detain him according to the seriousness of the case; if a crime is constituted, he shall be held criminally responsibility in accordance with the law.

2.2 If a person who is obliged to assist in the investigation and enforcement of the case engages in one of the following acts, the people's court shall, in addition to ordering him to perform his duty of assistance, be liable to a fine:

(1)The organization concerned refuses or hinders the investigation and collection of evidence by the people’s Court;

(2)The unit concerned refuses to assist in the searching, detaining, freezing, transferring or praising of the property after receiving a notice for assistance in enforcement by the Peoples Court;

(3)The unit concerned refuses to assist in detaining the income of the person being enforced, handling the transfer of the relevant property rights license and transferring the relevant ticket, license or other property after receiving a notice for assistance in implementation by the people's court;

(4)Other acts in refusing to assist in the enforcement.

If a unit has any act stipulated in the preceding rules, the Peoples Court may impose a fine, detain the principal or responsible person; those who still fail to perform their obligations may be detained. Judicial advice on disciplinary sanctions may also be submitted to the supervisory organ or other relevant organs.

 

3. Anyone who Engages in the above Acts May Bear the Corresponding Legal Responsibility

The amount of fines for individuals is less than RMB 100 thousand. The amount of fines for unit is more than 50 thousand Yuan but less than one million Yuan. The period of detention is less than fifteen days. The person(s) detained shall be guarded by the public security body of the people's court. The detained person recognizes and corrects the error during the detention period, the people's court may decide to terminate the detention early.

责任编辑:三亚市中院管理员