How to enforce the court judgment by court
If the plaintiff win the case, but the defendant does not perform their obligation according to court judgment, then how the court enforce the court judgment, let’s see the latest regulation by the court.
Notification of Automatic Performance of Legal Obligations
The effective legal documents made by the people’s court in accordance with the law have national authority and enforcement power. The parties involved should consciously fulfill the obligations determined by the effective legal documents in accordance with the law. Otherwise, the people’s court will enforce the law based on the application of the other party, and the person subjected to enforcement will face the following enforcement risks:
1、 Economic risks. If the person subjected to execution fails to fulfill their obligation to pay money within the period specified in the effective legal document, they shall double the interest on the debt during the delayed performance period. If they fail to fulfill other obligations within the period specified in the effective legal document, they shall pay a delayed performance penalty. The cost of execution shall be borne by the person subjected to execution. The people’s court has the power to take compulsory enforcement measures such as sealing up, distraining, freezing, auctioning, and selling off the property under its name, and has the power to search the person subjected to enforcement and their residence and business premises.
2、 Risk of dishonesty. If the person subjected to execution fails to fulfill the obligations determined by the effective legal documents, the people’s court has the right to take measures to restrict consumption. The person subjected to execution and his/her legal representative, main responsible person, directly responsible person who affects the performance of the debt, and actual controller shall not have Consumer behaviour that is not necessary for life and work; If the person subjected to enforcement has the ability to perform but refuses to perform the obligations specified in the effective legal documents, or resists enforcement by forging evidence, violence, threat, etc., or evades enforcement by means of false litigation, false arbitration, or concealing or transferring property, the people’s court has the right to include him in the list of Defaulted executee, and in terms of government procurement, bidding, administrative approval, government support, financing credit, market access, qualification recognition, etc, Give credit punishment to the Defaulted executee for dishonesty; Report to the credit reporting agency, which will record it in its credit reporting system.
3、 Judicial risk. If the person subjected to execution obstructs the execution of official duties or refuses to comply with legally effective judgments or rulings of the people’s court through violence, threats, or other means, the people’s court has the power to impose fines or detention on the person subjected to execution or their main responsible persons or directly responsible persons. The people’s court has the power to impose fines or detention on the person subjected to execution or their legal representatives, or the legal representatives or main responsible persons of relevant units Individuals directly responsible for affecting debt performance shall take measures to restrict their exit from the country.
If the party who should perform the obligation belongs to the special personnel with special status, such as the staff of government organs and institutions, staff of state-owned enterprises, staff of the village and neighborhood committees, members of the Communist Party of China, democratic parties, etc., the people’s court will also notify the unit where he/she does not perform the obligation at the first time, and at the same time notify the discipline inspection commission and supervision department. The discipline inspection commission and supervision personnel will interview him/her, and in serious cases, give him/her corresponding disciplinary punishment, transfer from his/her post Suspending salary, waiting for work, or even being dismissed.
4、 Criminal risk. If the person subjected to execution conceals, transfers, intentionally damages or transfers property without compensation, transfers property at a clearly unreasonable low price, or colludes with others to obstruct the execution of a judgment or ruling through false litigation, false arbitration, false settlement, etc., resulting in the inability to execute the judgment or ruling, criminal responsibility shall be pursued in accordance with the law for the crime of refusing to execute the judgment or ruling.
