Refusing to enforce an effective judgment, showing contempt for national law, sentenced to ten months in prison

Compiled from: Laixi Court
 
Case review
[2] In 2000, Chen Moumou had a traffic accident with Zhou Mou, resulting in Zhou's death. The Laixi City People's Court legally ruled that Chen must compensate 154,214.85 yuan, but he failed to comply.

 
 

[3] After the case entered the enforcement phase, the judge served Chen with legal documents such as an enforcement notice and a property declaration order, ordering him to fulfill his obligations within a set period. However, he refused to comply, fled for an extended period to evade enforcement, and misappropriated the court-seized greenhouse income and corn crops for other uses, rendering the effective judgment unenforceable. Between 2014 and 2015, the court issued multiple detention decisions against Chen, but he still refused to fulfill the compensation obligation. In October 2022, public security authorities arrested him.
 
[4] The Laixi Court, after trial, found that the defendant Chen Moumou disregarded national law, had the ability to execute the court's judgment and ruling but refused to do so, with serious circumstances. His actions constituted the crime of refusing to execute a judgment or ruling, and he was sentenced to ten months' imprisonment.
 
 
"Criminal Law of the People's Republic of China"
Article 313
[5] Those who have the ability to execute a court's judgment or ruling but refuse to do so, with serious circumstances, shall be sentenced to up to three years' imprisonment, criminal detention, or a fine; if the circumstances are especially serious, they shall be sentenced to between three and seven years' imprisonment, along with a fine. 
If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
 
 
[1] The author's perspective
[6] Some people have the ability but refuse to fulfill effective court documents, thinking they can evade enforcement by hiding, transferring assets, or filing false lawsuits. However, the consequence of such actions may be shifting from civil liability to criminal liability. This irresponsible behavior not only infringes on the lawful rights of the parties involved but also challenges judicial authority and the bottom line of the law. As the saying goes, "You can hide for a while, but not forever." Evasion is not a solution to the problem; instead, it makes the problem more serious.