Joke Collection Website - News headlines - How to write Lao Lai's detention application?
How to write Lao Lai's detention application?
Legal Representative: Name and position.
Executed person: name, gender, date of birth, work unit, position and address.
Implementation reason:
Implementation objectives:
I am here to convey
People's court of so-and-so
Applicant:
date month year
If Lao Lai doesn't pay back the money, he can apply for detention. If he has the ability to carry out it, he can be detained for up to fifteen days at a time. There is no limit to the number of times prescribed by law. If it is serious, it can be sentenced, and it is guilty to refuse to carry out the court's judgment.
If the debt is conditionally executed, but it is not executed, you can apply to the court for detention, but detention is limited. If it is completed at one time, it can last up to fifteen days, but there is no limit on the number of times. What are the conditions for applying for detention of Lao Lai?
First, the ability to repay refuses to repay,
The second is to refuse to cooperate with the execution of the court's instructions.
If Lao Lai doesn't pay back the money, he can apply for detention. If he has the ability to carry out it, he can be detained for up to fifteen days at a time. There is no limit to the number of times prescribed by law. If it is serious, it can be sentenced, and it is guilty to refuse to carry out the court's judgment. If the person subjected to execution fails to perform the obligations specified in the legal documents according to the enforcement notice, it shall report the current property status and the property status one year before the date of receiving the enforcement notice. If the person subjected to execution refuses to report or makes a false report, the people's court may, according to the seriousness of the case, impose a fine or detention on the person subjected to execution or his legal representative, the principal responsible person of the relevant unit or the person directly responsible. Administrative detention is a severe administrative punishment. Only public security organs at or above the county level have the right to decide on detention, and the detention period is more than one day and less than fifteen days. Administrative detention is different from criminal detention. The former is a disciplinary measure taken in accordance with administrative regulations against those who violate public security management regulations, and the latter is a criminal compulsory measure to temporarily deprive criminal suspects of personal freedom in accordance with the provisions of the Criminal Procedure Law. When Lao Lai owes money, he needs to take compulsory measures stipulated by law, otherwise there is no way to protect his rights and interests. However, in the process of taking measures, he must ensure that the means he takes are legal, otherwise he will also commit crimes.
Legal basis:
Criminal law of the people's Republic of China
Article 313 The crime of refusing to execute the judgment or ruling of a people's court, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished in accordance with the provisions of the preceding paragraph.
People's Republic of China (PRC) Public Security Administration Punishment Law
Article 97 The public security organ shall announce the written decision on administrative penalties for public security to the punished person and deliver it to the punished person on the spot. If it cannot be announced to the punished person on the spot, it shall be served to the punished person within two days. If it is decided to give administrative detention, it shall promptly notify the family members of the punished person.
If there is an infringer, the public security organ shall send a copy of the decision to the infringer.
Article 98 Before making a decision to revoke the license and impose a fine of more than 2,000 yuan, the public security organ shall inform the violator of public security administration that he has the right to request a hearing. If the violator of public security administration requests a hearing, the public security organ shall hold a hearing in time according to law.
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