The court's judgment is given to the state coercive force, you should take the initiative to fulfill. If you do not fulfill there are three consequences:
1, by the people's court enforcement; enforcement measures are many, you can search your home, including auction, sale, seizure of your property, freezing your bank account, but also seize your home.
2. If you refuse to execute, the court can impose a fine of up to $1,000 for up to 15 days of detention, and this can be applied repeatedly.
3, refusing to execute the court's effective legal documents, the circumstances are serious, it violates the criminal law article 313, constitutes the crime of refusing to execute the verdict, decision, will be sentenced to less than three years of imprisonment, detention or fine.
Two, the court mandatory scope
According to the "Chinese People's **** and the National Civil Procedure Law" Article 222, 223 provides. Expenses necessary for the life, work and study of the executed person and his dependent family members; the most basic means of production of a natural person; the right to claim payment based on the relationship of fostering, supporting and alimony; the right to claim payment based on retirement pension, old-age pension, pension, resettlement fee, life insurance, personal injury compensation; the legal deposit reserves of financial institutions deposited with the People's Bank of China and their places of business, and the use of The court cannot enforce the legal reserve deposited with the People's Bank of China by financial institutions and their places of business, money carriers in use; the houses, instruments, equipment and other items necessary for the accomplishment of public welfare that are being used by legal persons of public interest, such as medical institutions, schools and kindergartens; and the financial funds of the state organs and property indispensable for the fulfillment of their duties.
Third, the court to enforce the property
The applicant fails to fulfill the obligations in accordance with the implementation of the notice, the people's court shall have the right to seize, detain, auction, sell the property of the applicant shall fulfill the obligations of the part of the property.
Seizure is a temporary measure, refers to the people's court of the property of the applicant for execution of the relevant seal, in situ sealing, no one is allowed to transfer and deal with the implementation of the measure.
Auction is the people's court in an open form, competitive way, at the highest price on the spot, the sale of the property of the applicant.
Sale refers to the compulsory sale of the property of the applicant, with the proceeds of the price of debt settlement measures. The people's court in the implementation of the need to sell the property of the executor, can be handed over to the relevant units to sell, but also by the people's court directly sell. By the people's court directly sold, before selling, should seek advice on the price of the price and other relevant departments, the price of the sale should be reasonable.
The deposits and income withheld and withdrawn by the people's court, and the money derived from the auction or sale of the property of the person against whom the application is made shall be promptly delivered to the applicant for execution, and to end the execution proceedings.
Legal basis
Article 313 of the Criminal Law stipulates that if a person refuses to execute a judgment or decision of the people's court despite having the ability to do so, and the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine; and if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall be punished by a fine.
If a unit commits the crime in the preceding paragraph, the unit shall be sentenced to a fine, and its directly responsible supervisors and other directly responsible persons shall be punished in accordance with the provisions of the preceding paragraph.