Provisions on refusing to commit crimes against Lao Lai

Refusing to commit a crime is a legal means to deal with Lao Lai. It refers to the act that the person subjected to execution fails to fulfill the obligation of payment within the time limit stipulated in the judgment, ruling, conciliation statement and other documents of the enforcement court. If a crime is constituted, criminal responsibility may be investigated and punished according to law.

The crime of refusing to execute refers to a criminal act in which the person subjected to execution fails to perform the payment obligation within the prescribed time limit, resulting in the ineffective execution of the case, which is recognized as an illegal act and investigated for criminal responsibility according to law. The applicable conditions of this crime include: the person being executed refuses to perform his obligations knowing that he is the person being executed; Or the person subjected to execution transfers or conceals property, which hinders the creditor from enjoying property rights. China's criminal law has relatively strict conviction standards for refusing to commit crimes, which must meet the following three conditions: first, the person subjected to execution deliberately refuses to perform the obligations stipulated in legal documents; Second, this behavior is an infringement of people's property rights and interests; Third, the behavior needs to meet the minimum sentencing standard of criminal law. In practice, public security organs, procuratorial organs and courts can pursue criminal responsibility for those who refuse to perform their obligations under legal documents. In addition, in order to crack down on the behavior of Lao Lai more effectively, China has also formulated a series of measures, such as establishing a credit record and restricting taking the high-speed train.

What should Lao Lai do if he refuses to perform his obligations stipulated in legal documents and the interests of creditors are damaged? The creditor may apply to the enforcement court for compulsory execution, requiring the person subjected to execution to perform the obligations specified in the legal documents. If the person subjected to execution still refuses to perform, he may consider investigating the criminal responsibility of the crime of refusing to perform.

Refusing to commit a crime is an important means to crack down on the behavior of "laolai" and can effectively safeguard the legitimate rights and interests of creditors. The person subjected to execution shall conscientiously perform the obligations of legal documents and avoid criminal responsibility. At the same time, courts at all levels and relevant departments should intensify the crackdown on Lao Lai's behavior and create a good economic credit environment.

Legal basis:

Article 262 of the Criminal Law of People's Republic of China (PRC) * * * If the person subjected to execution has the property capacity, refuses to perform the payment obligations specified in the effective legal documents after being urged by the people's court according to law, or transfers or conceals the property, so that the creditor cannot obtain the creditor's rights, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fine.