Why didn't the police want Che Xiao's ex-husband Li Zhaohui

Some time ago, there was a TV series called "Sweeping The Black Storm" that was popular, which made the actor Che Xiao, who played the wife of the rich Ma Shuai in the play, catch fire again. On the day of the last episode of the TV series, Che Xiaofa Weibo said: "In the blink of an eye, the finale of "Sweeping Black Storm" is over! It was tearful..."

Interestingly, people did not wait for people to forget the rich wife played by Che Xiao in the play, and she was on the hot search not long ago because she once played the wife of the richest man in Shanxi in her life.

On September 15, the Shanghai court issued an enforcement reward announcement saying: the informant provided the whereabouts of the executor Li Zhaohui and successfully found him, and the applicant Meijin Energy Group Company promised to reward the informant with 100,000 yuan; if the informant provided a real and valid clue to the property under the name of the executor that the court had not yet grasped, once it was found to be true, the conditions for execution were met and the actual execution was in place, Meijin Energy Company promised to reward him according to 10% of the actual amount in place. Because Meijin Energy Company recovered more than 210 million yuan of payables, the highest reward amount announced by the bounty announcement reached more than 21 million yuan.

Li Zhaohui in the reward announcement is the richest man in Shanxi in the past, and he once had a brief marriage with female star Che Xiao. Although the two have been separated for many years, now Li Zhaohui has become a lao Lai who has been rewarded by the creditors with heavy money, and still pulls Che Xiao in. On the days when the bounty announcement was just released, some bored good people left a message under the Weibo post that Che Xiao recently posted:

"Can my sister give me the exact address of Li Zhaohui?" I desperately need 10W! ”

"Your ex-husband has been rewarded, as an ex-wife took so much money, shouldn't you help him?"

……

It is estimated that if Che Xiao reads these messages, he will cry and laugh, but Meijin Energy Company is afraid that he really has to thank Che Xiao. The reward announcement has attracted so much attention, in part because many media have added the label of "Che Xiao's ex-husband" to Li Zhaohui when reporting on this matter.

If Li Zhaohui is really reported and seized because "there will be a brave husband under the heavy reward", "ex-wife Che Xiao" is indispensable.

However, the bounty announcement has been released for more than a month now, Li Zhaohui has not been found, and the huge bonus has not been claimed, and so far there is no news in this regard.

According to the author's understanding, the court had already rendered a judgment as early as March 2017 in the dispute over the right of recourse mentioned in the reward announcement, and the two executors, including Li Zhaohui, should pay meijin energy company more than 210 million yuan in payables. After the judgment took effect, Meijin Energy Company applied to the court for enforcement, but the two executors never fulfilled their repayment obligations. During the enforcement process, the court ascertained that there was no property available for enforcement in the name of the person subject to enforcement, and concluded the enforcement proceedings in September 2017.

Now that four years have passed, Meijin Energy Company, which enjoys more than 210 million yuan in debt to Li Zhaohui and others, has not only not collected 1 cent, but even the shadow of the creditor cannot be found. It is not difficult to imagine how forced they were to reward Li Zhaohui and his enforceable property clues with the highest prize of more than 21 million yuan! How desperate!

It is worth noting that when some domestic media reported the above news, they called the court's reward announcement "Li Zhao will be wanted", which is probably inconsistent with the facts.

According to the law, both the public security organs and the people's procuratorate have the right to decide on the arrest, but the arrest warrant can only be issued by the public security organ, and the target of the wanted is limited to criminal suspects who should be arrested in accordance with the law and are at large.

The Shanghai court issued an announcement to find the whereabouts of Li Zhaohui based on meijin energy company's application, which is obviously not a wanted warrant, which also proves that Li Zhaohui has not yet been identified by the judicial organs as a "criminal suspect who should be arrested and is at large".

This makes the author, as a "melon-eating masses", question:

For Lao Lai, who owes hundreds of millions of yuan in huge debts and whose whereabouts are unknown, is he not suspected of committing a crime (refusing to carry out judgments and rulings)? Why should the victim pay his own money to find someone? Why can't you go online by calling the police and asking the police to issue a wanted notice?

The Criminal Law stipulates: "Where a people's court's judgment or ruling is capable of being enforced but refuses to carry it out, if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than 3 years, criminal detention or a fine; ”

So, does the person subject to enforcement conceal his whereabouts meet the objective requirements of refusing to enforce a judgment or adjudicating the crime?

In accordance with relevant judicial interpretations, where the person subject to enforcement hides or transfers property, making the judgment or ruling unenforceable, it meets the objective elements of the crime of refusing to enforce the judgment or ruling. Enforcement practice shows that the person subject to enforcement and the property to be enforced are two important factors in the direction of the enforcement act, and the search of the person subject to enforcement is of equal importance as the search for the property to be enforced, and in many cases, if the person subject to enforcement cannot be found, it is impossible to find the property to be enforced; if the person subject to enforcement is found, it is also convenient to find the property to be enforced; sometimes by taking enforcement measures against the person subject to enforcement, the case can be smoothly executed. Since the judicial interpretation clearly stipulates that the concealment or transfer of property by the person subject to enforcement meets the objective requirements for refusing to enforce the judgment or ruling, the person subject to enforcement concealing his whereabouts and causing the enforcement of the case to be in difficulty shall also meet the objective requirements for the crime of refusing to enforce the judgment or ruling.

The above views come from a signed article published in 2018 by the People's Court website in charge of the Supreme People's Court entitled "The Concealed Whereabouts of the Person Subject to Enforcement Meet the Objective Elements of the Crime of Refusal to Carry Out The Law", which also pointed out:

"At present, the people's courts' measures to find out the whereabouts of the person subject to enforcement are very limited, there is still a big gap with the expectations of the applicant for enforcement, and they are not fully adapted to the requirements of maintaining legal authority... For those persons subject to enforcement who have participated in the litigation and know that the people's court has made an effective judgment, but intends to conceal their whereabouts during the enforcement stage, the effect of taking criminal investigation measures is also very obvious, even if some of the judgment debtors still do not perform their obligations after being taken criminal compulsory measures, at least they can supervise the judgment debtor to cooperate with the people's court's enforcement, maintain the judicial authority of the people's court, and let the people feel more fairness and justice. ”

In my opinion, these views are insightful.

Compared with the concealment of property by the person subject to enforcement, the circumstances of the person subject to enforcement concealing his or her own whereabouts are obviously more serious. According to the principle of "lifting a heavy weight to be light", a light act is stipulated as a crime in the criminal law, so an act more serious than this light act, even if it is not provided for in the criminal law, should be treated as a crime. Pursuing criminal responsibility for the crime of refusing to carry out a judgment or ruling is consistent with social justice by pursuing the concealed whereabouts of the person subject to enforcement.

What about you? Do you agree with the police' ex-husband Li Zhaohui, who is wanted by the police for refusing to carry out the verdict and ruling on the crime?