Disputes arising from using someone else’s bank card to bind Tenpay are civil economic disputes.
Civil Procedure Law of the People's Republic of China
Article 102: If a litigation participant or other person commits any of the following acts, the people's court may impose a penalty based on the seriousness of the case. Fines and detention; if a crime is constituted, criminal liability shall be pursued in accordance with the law:
... (6) Refusal to fulfill the legally effective judgment or ruling of the People's Court.
Article 104: The amount of fine imposed on an individual shall not exceed RMB 1,000. The amount of fine imposed on the unit shall be between RMB 1,000 and RMB 30,000.
The period of detention shall be no more than fifteen days.
The detained person shall be handed over by the people's court to the custody of the public security organ. During the period of detention, if the detainee admits and corrects his mistakes, the people's court may decide to release the detention in advance.
Article 221: If the person subject to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the people's court has the right to inquire about the deposits of the person subject to execution from banks, credit cooperatives and other units with savings business According to the circumstances, it has the right to freeze and transfer the deposits of the person subject to execution, but the inquiry, freezing, and transfer of deposits shall not exceed the scope of the obligation of the person subject to execution.
When the people's court decides to freeze or transfer deposits, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by banks, credit cooperatives and other units with savings businesses.
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Article 222 If the person subject to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the people The court has the power to withhold and withdraw the income of the person subject to execution who should perform his obligations. However, the necessary living expenses of the person subject to execution and his dependent family members shall be retained.
When the people's court withholds or withdraws income, it shall make a ruling and issue a notice of assistance in enforcement, which must be handled by the person's unit, banks, credit cooperatives and other units with savings business.
Article 223: If the person subject to execution fails to perform the obligations specified in the legal document in accordance with the execution notice, the people's court has the right to seal up, detain, freeze, auction, or sell off the property of the person subject to execution that is required to perform his obligations. . However, the daily necessities of the person subject to execution and his dependent family members shall be preserved.
When taking the measures mentioned in the preceding paragraph, the People's Court shall make a ruling.
Article 224: When the people's court seals up or detains property, if the person subject to execution is a citizen, it shall notify the person subject to execution or his adult family members to be present; if the person subject to execution is a legal person or other organization, , its legal representative or principal responsible person shall be notified to be present. Refusal to be present will not affect execution. If the person subject to execution is a citizen, his or her work unit or the grassroots organization where the property is located should send people to participate.
For the property that has been sealed or seized, the execution officer must make a list, sign or seal it by the person present, and give a copy to the person subject to execution. If the person subject to execution is a citizen, a share may also be given to his adult family members.
Article 225: The execution officer may designate the person subject to execution to be responsible for the safekeeping of the seized property. Losses caused by the fault of the person subject to execution shall be borne by the person subject to execution.
Article 226: After the property is sealed or detained, the execution officer shall order the person subject to execution to perform the obligations specified in the legal document within the specified period. If the person subject to execution fails to perform within the time limit, the people's court may submit the sealed or impounded property to the relevant unit for auction or sale in accordance with regulations. Items that are prohibited from being freely bought and sold by the state shall be handed over to relevant units for purchase at prices set by the state.
Article 227: If the person subject to execution fails to perform the obligations specified in the legal document and conceals his property, the people's court has the right to issue a search warrant to search the person subject to execution and his residence or the place where the property is hidden. .
To take the measures mentioned in the preceding paragraph, the dean shall issue a search warrant.
Answer:
1. You can rest assured that civil economic disputes without compensation to the plaintiff will not be converted into a criminal case. However, as you can see in Article 102 above, if you refuse to implement the court's judgment, you may be fined up to 1,000 yuan and judicially detained for up to 15 days, but this kind of detention is judicial detention and not criminal detention.
2. Whether it is criminal detention or administrative detention (violation of public security management), there is no legal provision for extending the detention of a defendant who resists arrest after the first detention and the second detention. If the public security organs do this, it is illegal. As for the period: administrative detention shall not exceed 15 days, and the period of criminal detention has been stipulated in Article 66 below.
"Criminal Procedure Law of the People's Republic of China"
Article 64: When detaining a person, the public security organ must produce a detention warrant.
After detention, unless there are circumstances that hinder the investigation or cannot be notified, the reason for the detention and the place of detention shall be notified to the detained person's family or his unit within 24 hours.
Article 65: Public security organs shall interrogate a detained person within twenty-four hours after detention. When it is found that a person should not be detained, he must be released immediately and issued a release certificate. For those who need to be arrested but the evidence is not sufficient, they can be released on bail pending trial or placed under residential surveillance.
Article 69: If the public security organ deems it necessary to arrest a detained person, it shall submit the matter to the People's Procuratorate for review and approval within three days of detention. In special circumstances, the time for submission for review and approval may be extended by one to four days.
For major suspects who commit crimes on the run, commit crimes multiple times, or commit crimes in groups, the time for review and approval can be extended to 30 days.
The People's Procuratorate shall make a decision on approving or disapproving the arrest within seven days after receiving a request from the public security organ to approve the arrest. If the People's Procuratorate does not approve the arrest, the public security organ shall release the person immediately upon receiving the notice and promptly notify the People's Procuratorate of the execution status. For those who need to continue investigation and meet the conditions for release on bail pending trial or residential surveillance, they will be released on bail pending trial or placed under residential surveillance in accordance with the law.