China Law Online Database : novexcn.com

You are using Guest Account

Subscribe To This Law Only

Subscribe To All Law Contents

Print This Page

Back




	INTERPRETATION OF THE STANDING COMMITTEE OF NATIONAL PEOPLE'S CONGRESS ON ARTICLE 313 OF THE CRIMINAL LAW OF THE PEOPLE'S REPUBLIC OF CHINA

	(Adopted at the 29th Meeting of the Standing Committee of Ninth National People's Congress on August 29, 2002)


SUBJECT : CRIMINAL LAW; ARTICLE 313
ISSUING DEPARTMENT : THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 08/29/2002
IMPLEMENT DATE : 08/29/2002
LENGTH : 422 words
TEXT :

The Standing Committee of National People's Congress has discussed the meaning of the "Whoever has the ability to execute the judgment or order made by a People's Court but refuses to do so, if the circumstances are serious" prescribed in Article 313 of the Criminal Law, and given the following interpretations:

The "judgment or order made by a People's Court" prescribed in Article 313 of the Criminal Law shall refer to the judgment or order made by a People's Court pursuant to law that has contents to be executed and that has come into force. The order made by a People's Court for the execution of a pay warrant, effective mediation paper, arbitration ruling or notarized instrument of the creditor shall be the order prescribed in that article.

The following circumstances are the serious circumstance that "whoever has the ability to execute but refuses to do so" prescribed in Article 313 of the Criminal Law:

(1) The person against whom the judgment or order is executed hides, transfers, intentionally damages the property or assigns the property for free or for an unreasonably low price, and thus makes it impossible to execute the judgment or order;

(2) The guarantor or the person against whom the judgment or order is executed hides, transfers, intentionally damages or assigns the property that has been provided to the People's Court as warranty, and thus makes it impossible to execute the judgment or order;

(3) The person obliged to assist in enforcement refuses to do so after receiving the notice of the People's Court to assist in enforcement, and thus makes it impossible to execute the judgment or order;

(4) The person against whom the judgment or order is executed, the guarantor or the person obliged to assist in enforcement conspires with state functionary to take advantage of the powers of the state functionary to hamper the execution, and thus makes it impossible to execute the judgment or order;

(5) Other serious circumstances in which one has the capacity to execute but refuses to do so.

Any state functionary commits the act above mentioned in Item 4) shall be prosecuted for criminal responsibilities as the joint offender of the crime of refusing to execute the judgment or order. Where any state functionary accepts bribes or abuses his powers, if he commits the act above mentioned in Item 4) and constituted a crime prescribed in Article 385 or Article 397 of the Criminal Law at the same time, he shall be punished pursuant to the provisions with heavier punishment.