Property seized by the court as the subject of a mortgage contract is not allowed.
Article 184 of the Property Law stipulates the scope of property that may not be mortgaged:
(1) land ownership;
(2) collectively owned land use rights such as arable land, homesteads, self-reserved land, and self-reserved hills, except for those that may be mortgaged as stipulated by the law;
(3) public welfare-oriented institutions such as schools, kindergartens, and hospitals, education facilities, medical and health facilities and other social welfare facilities of social organizations;
(4) property whose ownership or right of use is unknown or disputed;
(5) property that has been seized, detained or supervised in accordance with the law;
(6) other property that may not be mortgaged as stipulated by laws and administrative regulations.
Expanded Information
Unauthorized Disposal of Property That Has Been Seized by the Court Should Be Liable
Article 102 (3) of China's Civil Procedure Law provides that "a participant in a lawsuit or other person who hides, transfers, sells, or destroys property that has been seized or impounded. or property which has been inventoried and ordered to be kept, the people's court may, according to the severity of the circumstances, impose a fine or detention; if this constitutes a crime, criminal liability shall be investigated in accordance with the law."
Supreme Court "on the people's courts on the implementation of a number of issues (for trial implementation)" Article 44 also provides that "the executed person or other people without authorization to dispose of the property has been seized, seized, frozen property, the people's court shall have the right to order the responsible person to recover the property within a certain period of time, or to bear the corresponding liability". Therefore, whether to deal with civil liability or criminal liability should be based on the specific circumstances of the case, the severity of the circumstances and other factors to be considered.
China's "Criminal Law" Article 314 provides for "illegal disposal of seized and, seized, frozen property crime, namely: "concealment, transfer, sell, willfully destroy property that has been seized by the judicial organs, seizure, frozen property, the circumstances are serious, shall be sentenced to less than three years fixed-term imprisonment, detention or a fine ". The constituent elements of the crime are:
① the object of violation is the normal activities of the judicial organs;
② the objective aspect is manifested in the concealment, transfer, sale, intentional destruction of property that has been seized, detained, frozen by the judicial organs;
③ the subject of the crime is the general subject, mainly the owner or custodian of the seized, detained, frozen property;
④ The subjective aspect consists of willfulness. According to the provisions of the law, illegal disposal of seized, seized, frozen property, must reach the degree of "aggravating circumstances" to constitute a crime, and the current law and the relevant judicial interpretations of the "aggravating circumstances" contained in the specific circumstances of a more detailed elaboration or enumeration. The current law and relevant judicial interpretations do not provide a more detailed description or enumeration of the specific circumstances covered by "aggravating circumstances".
Baidu Encyclopedia - Property Rights Law of the People's Republic of China