Evade execution
also vented his anger on the Internet
It's a pity that this bit of "hard gas" is used in the wrong place
Let's take a look at this case with Pufajun!
Brief facts of the case
In September 2023, Li previously rented a brand new mobile phone on an online rental platform, and after paying 5 installments in installments, Li suddenly lost contact, and the platform could not recover the remaining rent and mobile phone. For this reason, the platform operator Company A sued Li to the court, requesting that Li be ordered to pay the mobile phone buyout price according to the agreement.
After trial, the court upheld Company A's claim and ordered Li to pay 5,805.7 yuan to Company A. After the judgment took effect, Mr. Li refused to perform the obligations determined by the effective judgment, and Company A applied to the court for compulsory enforcement.
During the enforcement process, the enforcement personnel served the enforcement documents to Li through the "Shenzhen Mobile Micro Court" platform, and after receiving it, Li sent a message saying, "I am in another province, if necessary, come to arrest me", "I don't have a penny, you can freeze it, I will use cash", and then he repeatedly used foul language to insult the enforcement personnel on the "Shenzhen Mobile Micro Court" platform, and maliciously did not perform the effective judgment.
Court enforcement
In May 2024, the enforcement personnel sent a notice to Li, ordering him to take the initiative to perform the obligations set forth in the effective legal documents within a time limit, and informing Li that if he failed to perform within the time limit, he would be detained for 15 days.
Under the deterrence of the law, Li realized the seriousness of the problem and took the initiative to contact the enforcement personnel by phone, and the enforcement personnel reprimanded Li and explained the law reasonably. Li said that he had mistaken behavior of not respecting the law, apologized for his previous refusal to execute, promised to fulfill his repayment obligations as soon as possible, and submitted a review to the court. 10 days later, Li took the initiative to fulfill the effective judgment.
In view of Li's sincere attitude of repentance and admitting his mistakes, and the fact that the case has achieved the effect of enforcement, the court made a decision on Li's online provocation and insult of judicial personnel in accordance with the relevant provisions of the "Civil Procedure Law of the People's Republic of China": a fine of RMB 1,000. Li had no objection to the decision to impose a fine, paid it on time, and apologized to the enforcement staff again on the "Shenzhen Mobile Micro Court" platform.
The dignity of the law cannot be trampled on, and the bottom line of the law cannot be touched. Obstructing enforcement and insulting judicial personnel is not only an infringement of the personal rights and interests of judicial personnel, but also a provocation to the dignity of the law and the credibility of the judiciary.
Cyberspace is not a place outside the law, and the words and deeds of the parties online are also equivalent to offline behavior, and should also abide by the law. For acts that attempt to provoke judicial authority, the people's courts will impose fines, judicial detention and other judicial punishment measures in accordance with relevant laws and regulations, and if a crime is constituted, criminal responsibility will be investigated in accordance with law.
In this case, Li, as the person subject to enforcement, refused to perform the effective judgment of the court despite the ability to perform, and provoked and insulted judicial personnel online, violating the law and should be punished.
Pufa reminded that the judiciary is the last line of defense to safeguard fairness and justice, and all citizens should respect judicial rulings and safeguard the dignity of the law. The person subject to enforcement shall conscientiously declare assets to the court, perform the obligations set forth in the effective legal documents, and must not circumvent, obstruct, or resist the court's compulsory enforcement.
Civil Procedure Law of the People's Republic of China
Article 114:Where litigation participants or other persons exhibit any of the following conduct, the people's courts may impose fines or detention on the basis of the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law:
(4) Insulting, defaming, framing, beating, or retaliating against judicial personnel, litigation participants, witnesses, translators, evaluators, inquest personnel, or persons assisting in enforcement;
Article source: Guangdong law popularization comprehensive collation, the main content is from the Shenzhen Intermediate People's Court