After the court seals the house involved in the case, what kind of legal responsibility should the occupant bear if he tears up the seal notice and seal and changes the lock on his own? Recently, the Third Intermediate People's Court in Beijing imposed a fine on an outsider who obstructed judicial personnel in the performance of their duties.
Tear up the seizure announcement and refuse to claim rights
"If you have something to look for the owner, don't look for me"
During the execution of a notarized creditor's rights document case, the Third Intermediate People's Court seized the real estate located in Xicheng District under the name of the person subject to enforcement, Wang, and planned to start the disposal procedure. In the course of the conversation with the person subject to enforcement, the court learned that the house was inhabited, but the person subject to enforcement refused to provide the court with the contact information of the person who lived there.
In order to protect the legitimate rights and interests of the residents, on March 6, 2024, the police officers of the Enforcement Division of the Third Intermediate People's Court went to the seizure of the property to post a seizure notice, informing the right holder that he should claim his rights from the court, and the court will dispose of the above-mentioned property after the deadline. The resident, Mr. Zhao, tore up the announcement of the seizure and did not contact the court or submit written materials to the court as required by the announcement of the seizure.
Unauthorized unlocking and tearing of seals
"It's the lock I changed, what's wrong"
Since no one claimed their rights to the court, on April 9, 2024, the Third Intermediate People's Court again went to the seized property to break the lock and enter the house, and posted seals at the entrance door and stairwell door. The occupant, Zhao, tore the seal again and found a lock-picking company to open the lock. After unlocking, the staff of the unlocking company found that the door lock was very new, and there was a seal mark on the door, so they went downstairs and called the police to deal with it. After the public security organs arrived at the scene to understand the situation, they informed the court of the relevant situation. That night, the judge got in touch with the resident Zhao, who did not realize that his behavior had violated the law, but shouted to the judge: I changed the lock, what's wrong?
Criticism of education, a fine of 30,000
"Judge, I was wrong, don't detain me"
Recently, the Third Intermediate People's Court summoned Zhao to the hospital for a talk, and he admitted that he had tore off the announcement, seal, and changed the lock. After criticism and education, Zhao said that he realized his mistake, made a written review to the court, and promised to cooperate with the court's enforcement work in the future. In accordance with the provisions of Article 115 of the Civil Procedure Law of the People's Republic of China, and based on Zhao's behavior and remorseful attitude, the court held that his behavior was an obstruction of judicial personnel in the performance of their duties by other means, and could be dealt with lightly, and decided to fine him 30,000 yuan.
What the judge said
A seal is a mark for the state law enforcement department to seal items that should be sealed in accordance with the law, and has the role of publicity and restriction. The act of changing the lock without authorization or tearing up the court seal is an act of obstructing the court's execution, and is punishable by a fine and detention at the worst, and criminal liability at the worst. The authority of the law is inviolable, and everyone is reminded that they should strictly abide by the provisions of the law and actively cooperate with the court's enforcement work.
Contributed by Beijing Third Intermediate People's Court
Editor: Ma Yuan Wang Xi
Review: Zhang Zhongtao