May 31, 2010
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No. 6 of Ten Model Cases regarding Punishing Crimes of Refusing to Satisfy Judgment or Ruling according to the Law by People's Courts Published by the Supreme People's Court: Case regarding Liu Ping's Refusal to Satisfy a Judgment or Ruling
最高人民法院发布人民法院依法惩处拒执罪典型案例之六:刘平拒不执行判决、裁定案
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No. 6 of Ten Model Cases regarding Punishing Crimes of Refusing to Satisfy Judgment or Ruling according to the Law by People's Courts Published by the Supreme People's Court: Case regarding Liu Ping's Refusal to Satisfy a Judgment or Ruling 最高人民法院发布人民法院依法惩处拒执罪典型案例之六:刘平拒不执行判决、裁定案
-The person subject to enforcement transferred his property to his relative so as to evade enforcement. After being transferred for investigation, he paid all compensation and was sentenced to imprisonment of ten months with a one-year suspension of execution —被执行人转移财产至其亲友名下逃避执行,被移送侦查后将全部款项履行到位,被判处有期徒刑十个月,缓刑一年
(1) Basic Facts (一)基本案情
On September 19, 2010, the Intermediate People's Court of Loudi City, Hunan Province rendered a final judgment for a case regarding disputes over compensation in a traffic accident between plaintiffs Hu Yalin and Fu Zhen and defendants Zeng Zhijie and Liu Ping, and ordered Liu Ping and Zeng Zhijie to jointly and severally pay 109,044.66 yuan as compensation for Hu Yalin and Fu Zhen's economic losses. On November 10 of the same year, upon application of Hu Yalin and Fu Zhen, the People's Court of Louxing District, Loudi City placed the case on file for enforcement, but Zeng Zhijie and Liu Ping have not satisfied the judgment. From September 2012 to 2013, Liu Ping may obtain a land expropriation compensation for the land expropriation and demolition of his house located in New House Group of Bajiao Village, Wanbao Township, Louxing District, Loudi City. For the purpose of evading performance of the joint and several compensation liability, Liu Ping twice transferred the land expropriation compensation of 121,234.4 yuan he obtained to his cousin Liu Nanjiang, causing failure to satisfy the judgment of the case. After learning the above facts upon investigation, the People's Court of Louxing District, Loudi City transferred the case to the local public security authority for investigation on the ground that Liu Ping was suspected of being guilty of refusing to satisfy a judgment or ruling. 2010年9月19日,湖南省娄底市中级人民法院对原告胡亚琳、付珍诉被告曾志杰、刘平交通事故损害赔偿纠纷一案作出终审判决,判令刘平、曾志杰连带赔偿胡亚琳、付珍经济损失109044.66元。同年11月10日,娄底市娄星区人民法院经胡亚琳、付珍申请,对该案立案执行,但曾志杰、刘平一直不予履行。2012年9月至2013年期间,刘平位于娄底市娄星区万宝镇芭蕉村新屋组的房屋因征地拆迁可获得一笔征收款,刘平为逃避连带赔偿责任,先后二次将其应分得的121234.4元征收款转移至其兄长刘南江名下,致使该案无法执行到位。娄底市娄星区人民法院调查了解到上述事实后,以刘平涉嫌构成拒不执行判决、裁定罪移送当地公安机关立案侦查。
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