What Is Involved in Judgment Enforcement?

Enforcement of judgments and rulings of misconduct refer to acts that are seriously irresponsible, fail to take litigation preservation measures, and fail to perform statutory enforcement duties in the execution of judgments and rulings, causing the parties or others to suffer major losses.

Enforcement of judgment

This entry lacks an overview map . Supplementing related content makes the entry more complete and can be upgraded quickly. Come on!

Enforcement of judgments and rulings of misconduct refer to serious irresponsibility and non-compliance in the execution of judgments and rulings.

Enforcement of judgments and rulings of misconduct refer to acts that are seriously irresponsible, fail to take litigation preservation measures, and fail to perform statutory enforcement duties in the execution of judgments and rulings, causing the parties or others to suffer major losses. [1]

1.Sin body

main body

The main body for executing judgments and adjudicating the crime of default is judicial staff.

behavior

The act of enforcing judgments and ruling on negligence is serious irresponsibility in the execution of judgments and rulings, failing to take litigation preservation measures in accordance with law, and failing to perform statutory enforcement duties.

result

As a result of the execution of the judgment and the ruling of negligence, the interests of the parties or other persons have suffered substantial losses. The parties here refer to the parties in civil execution cases and economic execution cases. Others refer to persons who have interests related to civil execution cases and economic execution cases.

2.Responsibility

The form of responsibility for enforcing judgments and adjudicating wrongdoing is negligence. Negligence here refers to the subjective psychology that it should be foreseen that the execution of judgments, rulings of misconduct may cause significant losses to the interests of the parties or others, because they were not foreseen because of negligence, or have been foreseen and can be trusted to avoid, so that this result occurs status.

According to Article 8 of the Criminal Law Amendment (IV), anyone who commits a crime of enforcement of a judgment or ruling of misconduct shall be sentenced to fixed-term imprisonment of not more than five years or detained; if the interests of the party or other person suffer particularly significant losses, be punished by not less than five years and more than ten years The following terms of imprisonment.

In determining the nature of such cases, it should be noted that the execution of judgments, rulings of dereliction of duty, and acceptance of bribes by judicial personnel who constitute enforcement of judgments, rulings of dereliction of duty and bribery constitute acts of implicated offenders and shall be convicted and punished in accordance with the heavier penalties. [2]

Article 399 The second, third, and fourth paragraphs in the civil and administrative trial activities are deliberately against the facts and laws to make a legal judgment. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than five years or detained; the circumstances are particularly serious. , Imprisonment of between five and ten years.

In the execution of judgments and rulings, serious irresponsibility or abuse of powers, failure to take litigation preservation measures, perform statutory enforcement duties, or illegal enforcement of litigation preservation measures or enforcement measures, resulting in major losses to the interests of the parties or others Shall be sentenced to fixed-term imprisonment of not more than five years or detention; if the interests of the parties or other persons suffer particularly significant losses, they shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.

If a judicial officer accepts a bribe and commits the acts in the preceding three paragraphs, and at the same time constitutes the crime specified in Article 385 of this Law, he shall be convicted and punished in accordance with the heavier punishment.