Offender could face 7 years in prison for 'extremely serious' violations of rulings
People who use violence to avoid complying with court orders could face up to seven years in prison and a fine, according to a new judicial interpretation that clarified "extremely serious" situations that could lead to such punishment.
In the legal document jointly issued last month by the Supreme People's Court and the Supreme People's Procuratorate, China's top judicial authorities, violent acts such as sieges, detentions or beatings that serve to interfere with rulings implemented by the courts are considered "extremely serious".
Under the Chinese Criminal Law, those who are capable of carrying out rulings — including compensating litigants in civil cases — but refuse to do so should be deemed guilty of a crime. In serious circumstances, they will be given an imprisonment of not more than three years, criminal detention or a fine. If the circumstance is identified as "extremely serious", they will have a sentence ranging from three to seven years, along with a fine.
The top judicial authorities said that the new document is a further interpretation of the law, with clearer and specific provisions to help judges more efficiently solve cases in which an individual refuses to obey court rulings.
"We interpreted the law to better protect the legitimate rights and interests of winners in lawsuits, thus upholding justice and safeguarding judicial credibility," the authorities said.
They noted that if someone refuses to carry out the provisions of a court ruling, resulting in the suicide, self-harm or other severe consequences for victorious litigants in a case, the circumstance will also be identified as "extremely serious" in line with the interpretation that took effect on Sunday.
In addition, the interpretation clarifies that those who hide or transfer their assets to defy court orders could be charged with the crime of refusing to carry out court rulings and could be held criminally liable in serious situations.
Over the past few years, China has stepped up efforts to ensure rulings are followed, upholding the judicial authority.
In April, for instance, a litigant surnamed Gao in Yongcheng, Henan province, was sentenced to three years in prison because he not only failed to adhere to court orders, he also hindered judicial work.
According to details disclosed by the Yongcheng court in June, Gao borrowed money from another person surnamed Wei to purchase a car. After Gao failed to repay the loan, Wei initiated a lawsuit.
In August last year, the court ruled in Wei's favor. Gao was ordered to repay Wei's loan of more than 130,000 yuan ($17,970), but Gao did not comply with the verdict.
After the court's investigation, it found that transactions in Gao's bank accounts amounted to over 980,000 yuan from August to December last year, meaning that Gao had the ability to repay the debt but refused.
When court staff members urged Gao to repay the money, he tried to escape in his car, driving off with one of the judicial workers on the hood of the vehicle for hundreds of meters, the court said.
"Gao had savings to repay the debts, but he resolutely refused to comply with the ruling, and he even interfered with the judicial work through violence. His behavior was a blatant provocation to the judicial authority," the court said.
"Therefore, we levied a criminal punishment against him, in a move to maintain judicial order and uphold the seriousness of justice," it added.
